A writ of habeas corpus requires that a person who is in custody be brought before a judge or court and that they be able to challenge that custody. Initiate the sanity proceedings set out in section 922.07, Florida Statutes) (1985).The same holding exists under federal law. This Chapter discusses how the writ of habeas corpus is applied in three states: Florida, New York, and Michigan. A person held in a secure facility under this part may file a petition for habeas corpus in the circuit court for the county in which the facility is located. The U.S. Supreme Court interprets the Constitution, which means it defines constitutional rights and violations in the cases it decides. Habeas corpus is used to challenge the legality of the detention or restraint of a person and to obtain the person's prompt release. Baker, 11 So.2d 578 (Fla. 1943). Latin phrase meaning "you have the body"; A civil proceeding used to review the legality of a prisoner's confinement in criminal cases. The law in the area is an intricate weave of statute and case law.
