It tests the legality of a detention or a restraint and the goal is to use it really almost i guess it's an emergency basis. In Georgia, a habeas petition challenges the legality of an inmate's confinement after a direct appeal has failed.Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. The Latin phrase habeas corpus translates to "you have the body. The U.S. Supreme Court interprets the Constitution, which means it defines constitutional rights and violations in the cases it decides. A Writ of Habeas Corpus literally means bring the body before the court, and therefor the state needs to prove why the detention is proper. A Writ of Habeas Corpus is a civil proceeding that is available in both State and Federal Court to challenge the legality of imprisonment. The use of a complaint in the nature of habeas corpus seeking a change of child custody is prohibited. A Writ of Habeas Corpus literally means bring the body before the court, and therefor the state needs to prove why the detention is proper. State, 281 Ga. 596, 642 S.E.3d 23 (2007).
