Habeas corpus to bring the defendant into court because the sentence cannot be altered without the defendant's presence. The Habeas Corpus petition claims the arrest, sentence, or trial violated constitutional law, making imprisonment unlawful.Nearly 16 years has resulted in his suffering additional severe psychological stress that exceeds the punishment of death determined. A Writ of Habeas Corpus is a civil proceeding that is available in both State and Federal Court to challenge the legality of imprisonment. Pregerson went to the prison to see for himself, and then either filed a habeas corpus petition or persuaded a lawyer to do so, Zaugh said. His lawyers asked a federal court in a habeas corpus petition to order his release onto the base until a country could be found for him. The forms listed below are used in civil and criminal cases in the Superior Court. They are for lawyers and for people who do not have lawyers. □ My conviction happened in the County of Suffolk County, New York. □ My direct appeal – the appeal following my sentence – is over.