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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 ...
In the most common types of habeas corpus proceedings in the United States federal courts, a certificate of appealability is a legal document that must be issued before a petitioner may appeal from a denial of the writ. [1] The certificate may only be issued when the petitioner has made a "substantial showing of the denial of a constitutional ...
When the Habeas Corpus Act of 1867 is spoken of, it is usually this act that is meant. [1] [4] Another act dealing with habeas corpus was passed the same day and appears on the same page of the United States Statutes at Large, being the twenty-seventh rather than the twenty-eighth chapter
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.
This category is for articles about court cases that interpret the statutes and procedures that govern habeas corpus petitions in the United States.Cases in which habeas was merely the process by which the case reached the court, but which did not include a substantive discussion of habeas corpus itself, should not be included.
Lane, 489 U.S. 288 (1989), was a United States Supreme Court case dealing with the application of newly announced rules of law in habeas corpus proceedings. This case addresses the Federal Court's threshold standard of deciding whether Constitutional claims will be heard. Application of the "Teague test" at the most basic level limits habeas ...
United States habeas corpus case law (4 C, 57 P) Pages in category "United States habeas corpus law" The following 6 pages are in this category, out of 6 total.