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The right to petition for a writ of habeas corpus under federal law [ edit ] When individuals are convicted for crimes under state law , those individuals have the right to challenge the constitutionality of their convictions in federal court by petitioning for a writ of habeas corpus . [ 19 ]
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 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 ...
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 ...
On 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention. Numerous cases were tried on this matter, with different outcomes, initially denying the right of petition and later affirming the right of petition.
The term "Petition" as used in both of these regulations is restricted to those petitions which are directed at the executive or legislative branches of government, and does not include documents filed in a court of law, which are also referred to as "petitions", such as petitions for coram nobis, mandamus, habeas corpus, prohibition, and ...
The People (1860), [1] popularly known as the Lemmon Slave Case, was a freedom suit initiated in 1852 by a petition for a writ of habeas corpus. The petition was granted by the Superior Court in New York City, a decision upheld by the New York Court of Appeals, New York's highest court, in 1860 on the eve of the Civil War. [2] [3]
The defendants petitioned for a writ of habeas corpus, alleging that the proceedings that took place in the Arkansas state court, while ostensibly complying with trial requirements, satisfied these only in form. They argued that the accused were convicted under pressure of the armed mob, with blatant disregard for their constitutional rights ...
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