A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody. Habeas corpus proceedings. 1. 2.Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. This petition, called a writ of Habeas Corpus, is filed in Federal Court (U. Habeas Corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his or her imprisonment. 78B-6-601. Penalty for wrongful refusal to allow writ of habeas corpus. A Writ of Habeas Corpus is a civil proceeding that is available in both State and Federal Court to challenge the legality of imprisonment. Due to the 5th, 6th, and 14th Amendments of the Constitution, most claims concern federal constitutional rights that were violated. The statute authorizes it, cumulative sentences can only be pronounced in cases clearly within the terms of the statute. ; Ex parte Meyers, 44 Mo. 280; People v.