The Habeas Corpus petition claims the arrest, sentence, or trial violated constitutional law, making imprisonment unlawful. A Writ of Habeas Corpus is a civil proceeding that is available in both State and Federal Court to challenge the legality of imprisonment.Petition for Writ of Habeas Corpus. The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Writ of Habeas Corpus. To carry out, complete or dispose of according to law. Those were questions for the trier of fact, the jury in Petitioner's case, not this Court; and certainly not in a habeas corpus proceeding. Chapter 7 is an account of efforts to legislate leading up to the Habeas Corpus Act 1679. 248, §1 allows an imprisoned or restrained person to "prosecute a writ of habeas corpus . . .