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Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
The Habeas Corpus Act 1816, though generally applicable, did not apply because the Preventive Detention Act granted full discretion to the Governor-General. The court's only concern was the legality of the order; if the order was lawful, so was the detention.
[16] [18] On June 21, 2007, Jawad filed a classified Motion for Production and Protective Order requesting two specific categories of exculpatory evidence known to be in the Government's possession and now sought in this habeas corpus action. This motion has been fully briefed in the Court of Appeals since July 9, 2007, and the Government ...
Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484 (1973), was a decision of the US Supreme Court regarding the statutory jurisdiction of federal district courts to grant writs of habeas corpus for guaranteeing the right of state prisoners to receive a speedy trial in another state under the Speedy Trial Clause of the Sixth Amendment to the US Constitution.
Mangione will have two weeks to apply for a writ of habeas corpus in order to challenge the extradition. Prosecutors in Manhattan have 30 days to obtain a governor’s warrant from New York Gov ...
Habeas corpus is sometimes called "The Great Writ". It is a legal instrument first guaranteed following the signing of the Magna Carta. Its literal meaning is "show the body". Its purpose is to prevent the state from holding prisoners in extrajudicial detention. A writ of habeas corpus essentially
Fay v. Noia, 372 U.S. 391 (1963), was a 1963 United States Supreme Court case concerning habeas corpus.In a majority opinion authored by Justice William J. Brennan, Jr., the Court held that state prisoners were entitled to access to habeas relief in federal court, even if they did not pursue a remedy in state court that was not available to them at the time.