Get 28 U S C 2254

What Is a 2254 Federal Habeas Corpus Petition? A person who is in custody under a state court judgment may challenge his or her conviction in federal court on the ground that there was a violation of his or her federal constitutional right.

A petition for mitigation or remission (i.e., a petition for relief from some decision) is one way of administratively challenging certain decisions made by U.S. Customs & Border Protection when Customs seizes merchandise and or imposes a penalty, or liquidated damages.

Petition for Extraordinary Relief Law and Legal Definition. A Petition for Extraordinary Relief can be filed when there is no other plain, speedy and adequate remedy available to a person. ... (a) Availability of remedy.

The heart of a petition is the relief requested -- what you want the court to do. For example, the typical divorce petition requests the court to enter orders relating to the division of property and debt, child custody and support, and alimony.

Called an Emergency Petition for Special Relief, the filing in essence: jumps your custody case to the front of the line and puts it before a judge. It's a powerful legal tool that can turn the tables in child custody cases at any stage of the process.

A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

The right of habeas corpus protects a prisoner -- it allows a prisoner to indicate that his or her constitutionally guaranteed rights to fair treatment in a trial have been infringed upon. ... Clearly, habeas corpus is an important aspect to U.S. law -- as well as other countries' legislative bodies.

An example of habeas corpus is if you file a petition with the court because you want to be brought before a judge where reasons for your arrest and detention must be shown. YourDictionary definition and usage example. Copyright © 2018 by LoveToKnow Corp. MLA Style. "Habeas corpus."

The U.S. Constitution specifically includes the habeas procedure in the Suspension Clause (Clause 2), located in Article One, Section 9. This states that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it".

The Anti-terrorism and Effective Death Penalty Act of 1996 (AEDPA) was an Act established by Congress that was signed into law by President Clinton on April 24, 1996. The biggest impact the AEDPA had on the United States was the law of habeas corpus, the right of detainees to seek relief from unlawful imprisonment.

Either a prisoner or an attorney on the prisoner's behalf can file for habeas corpus. The process starts with getting the correct legal form from the proper court. If the prisoner is filing on his own behalf, then he should be able to get the forms through the prison.

Writ Petitions under Articles 32 and 226 of the Constitution of India Habeas Corpus. The Writ Jurisdiction of Supreme Court can be conjured under Article 32 of the Constitution for the infringement of central rights ensured under Part III of the Constitution.

Article 1, Section 9 of the US Constitution states, "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."

A writ is a formal written order issued by a Court. Any warrant, orders, directions, and so on, issued by the Supreme Court or the High court are called writs. A writ petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India when any of your fundamental rights are violated.

A writ of habeas corpus (which literally means to "produce the body") is a court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person's detention.