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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 ...
Ahrens v. Clark, 335 U.S. 188 (1948), was a United States Supreme Court case that denied a federal district court jurisdiction to issue a writ of habeas corpus if the person detained is not within the territorial jurisdiction of the court when the petition is filed.
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.
The Habeas Corpus Act of 1867 (sess. ii, chap. 28, 14 Stat. 385) is an act of Congress that significantly expanded the jurisdiction of federal courts to issue writs of habeas corpus. [1]
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 ]
Heck v. Humphrey, 512 U.S. 477 (1994), was a landmark case in which the United States Supreme Court held that "in order to recover damages for allegedly unconstitutional conviction or imprisonment, or for other harm caused by actions whose unlawfulness would render a conviction or sentence invalid, a §1983 plaintiff must prove that the conviction or sentence has been reversed on direct appeal ...
The passage of the Habeas Corpus Suspension Act in March 1863 finally ended the controversy, at least temporarily, by authorizing presidential suspension of the writ during the Civil War, but requiring indictment by grand jury (or release) of political prisoners, and by indemnifying federal officials who had arrested citizens without habeas in ...
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