In Georgia, a habeas petition challenges the legality of an inmate's confinement after a direct appeal has failed. Habeas Corpus Petitions: Action filed when relief sought would release petitioner from custody or shorten his confinement.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. Habeas Corpus, or Post Conviction Relief Motions, have evolved to become the appeal after the appeal for individuals convicted of crimes. 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. In Georgia, a Habeas Corpus attorney is vital. The petition seeks to uphold the right to not be wrongfully imprisoned or denied basic constitutional rights. The purpose of this order is to ensure that the detainee is not being held unlawfully or without sufficient cause. 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 is a basic right in the U.S. Constitution that protects individual freedom from arbitrary executive power.
