Habeas corpus is filed in the appellate court or submitted to a justice or judge. 78B-6-601. Penalty for wrongful refusal to allow writ of habeas corpus.Habeas Corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his or her imprisonment. The petition must name the custodian as the respondent and state the facts concerning the applicant's custody and include the legal basis for the request. Court Records Learn how to file and access case files and court records information. Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. As a procedural remedy, it applies when detention results from neglect of legal process, but not when the lawfulness of the process itself is in question. The courts obtain their authority over the writ of habeas corpus from both articles. The Latin phrase habeas corpus translates to "you have the body. Post-Conviction is a term of art in the legal field.
