Habeas Corpus Writ Petition Sample With Supreme Court In Florida
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FAQ
The Florida Constitution authorizes the following extraordinary writs: prohibition, mandamus, quo warranto, habeas corpus, and certiorari.
Today, habeas corpus is mainly used as a post-conviction remedy for state or federal prisoners who challenge the legality of the application of federal laws that were used in the judicial proceedings that resulted in their detention.
State every ground (reason) that supports your claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.
Any federal court may grant a writ of habeas corpus to a petitioner who is within its jurisdiction.
(a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions.
“The Supreme Court, courts of appeal, superior courts, and their judges have original jurisdiction in habeas corpus proceedings.” (Cal. Const., art. VI, § 10.)
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. No Bill of Attainder or ex post facto Law shall be passed.
U NDER the California constitution, the California Supreme Court1 and the California district courts of appea are given original juris- diction to issue writs of mandamus.
