This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
A Writ Of Habeas Corpus Is Used To In Houston
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Multi-State
City:
Houston
Control #:
US-000277
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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 court must rule on a petition for writ of habeas corpus within 60 days after the petition is filed. (B) If the court fails to rule on the petition within 60 days of its filing, the petitioner may file a notice and request for ruling.
(b) An application for writ of habeas corpus filed after final conviction in a felony case, other than a case in which the death penalty is imposed, must be filed with the clerk of the court in which the conviction being challenged was obtained, and the clerk shall assign the application to that court.
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.
A writ “is the remedy to be used when any person is restrained in his liberty.” Texas Code of Criminal Procedure Article 11.01. The purpose of a Writ of Habeas Corpus is for the court to determine whether it has lawfully convicted and sentenced a person.
A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
A successful Writ of Habeas Corpus in California can achieve one of the following: Release the defendant. Reduce the defendant's sentencing. Make changes to the defendant's sentencing conditions.
A Federal Writ of Habeas Corpus is a procedure where federal courts with national power can review the legality of an individual's incarceration.
In Texas, a writ of habeas corpus is a court order in which the judge demands a law enforcement agency to produce a detainee for a court hearing. Prosecutors must show that they have a valid reason for detaining the person. If the detention is illegal, the detainee can be released.
A Writ of Habeas Corpus is one of the primary ways of obtaining a client's freedom based on his or her actual innocence. Actual innocence Writs of Habeas Corpus can include witness statements, affidavits, and other external evidence that shows how the client has been wrongfully convicted.
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An application for a Writ of Habeas Corpus is filed when a person seeks relief from unlawful detention or imprisonment. The writ of habeas corpus is the remedy to be used when any person is restrained in his liberty.An application for a writ of habeas corpus asks a court to overturn your conviction because of a state or federal constitutional violation. Pretrial writs of habeas corpus may be used to challenge bail conditions or to raise issues that may prevent the trial from continuing. The writ of 'Habeas Corpus' is the fundamental legal instrument designed to safeguard individual freedom against arbitrary and lawless government action. A writ of habeas corpus is a legal tool that a person can use to enforce a superior right of possession to a child. A writ of habeas corpus is a legal document that claims your freedom has been restricted (whether because you're in jail or on bond for a crime) This legal action demands that a person who has your child must appear in court with the child and justify their actions. In Texas, the state writ of habeas corpus is a legal mechanism that allows individuals to challenge their detention or imprisonment. In Texas, a writ of habeas corpus is a court order in which the judge demands a law enforcement agency to produce a detainee for a court hearing.