Habeas corpus is Latin, and it literally means, "Do you have the body? Put simply, habeas corpus is a writ (petition) that can be used in a narrow set of circumstances to bring the case of a state prisoner.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. Writ of habeas corpus. The writ of habeas corpus is a legal order requiring a person holding another person to produce that individual before a court or judge. A writ of habeas corpus has historically served as a means to review the legality of the detention of an individual. This petition, called a writ of Habeas Corpus, is filed in Federal Court (US District Court ) whether you are serving time in a federal or state prison. Lambert's omnibus pretrial motion for a writ of habeas corpus and dismissing all of the charges. Before raising the claim in a petition for writ of habeas corpus. The privilege of the writ of habeas corpus shall not be suspended, unless when in the case of rebellion or invasion the public safety may require it.