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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 ...
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 ...
Child and Family Agency v McG and JC [2017] IESC 9, [2017] 1 IR 1 was a case in which the Irish supreme Court ruled that where a detention was lacking in due process of law due to breach of fundamental requirements of justice, it may be challenged through an application for release under the constitutional principle of habeas corpus even in the case of disputes as to the custody of children.
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 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]
John Merryman (August 9, 1824 – November 15, 1881) of Baltimore County, Maryland, was arrested in May 1861 and held prisoner in Fort McHenry in Baltimore and was the petitioner in the case "Ex parte Merryman" which was one of the best known habeas corpus cases of the American Civil War (1861–1865).
Mangione was denied bail on Tuesday during a court appearance in Pennsylvania. The habeas corpus petition is a key factor in whether the suspect can be extradited to New York.
Cullen v. Pinholster, 563 U.S. 170, is a 2011 United States Supreme Court case concerning evidentiary development in federal habeas corpus proceedings. Oral arguments in the case took place on November 9, 2010, and the Supreme Court issued its decision on April 4, 2011.