Tennessee Habeas Corpus
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FAQ
In its simplest form a writ of habeas corpus requires that a person who is in custody be brought before a judge or court and that they be able to challenge that custody. The writ of habeas corpus is used to attack an unlawful detention or illegal imprisonment.
Typical examples where a court has granted a habeas corpus petition include claims of new evidence discovered in the case, ineffective assistance of counsel, prosecutorial misconduct, incompetence to stand trial, and challenging conditions of confinement.
Two elements are considered in an application for habeas corpus: i) there must be a deprivation of liberty; and ii) the deprivation must be unlawful. The onus of establishing the deprivation of liberty rests with the applicant.
A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
The primary function of the writ of habeas corpus is to petition for release from unlawful imprisonment. A defendant is entitled to federal habeas corpus relief only by showing a violation of a federal constitutional right.
There are two prerequisites for habeas review: The petitioner must be in custody when the petition is filed. A prisoner held in state government custody must have exhausted all state remedies before seeking relief from a federal court.
3. What are the grounds for a writ of habeas corpus? you were convicted under a law that is unconstitutional,you did not have a competent lawyer (or no lawyer was provided),there were instances of prosecutorial misconduct, you were incompetent to stand trial, false evidence,
The two exceptions?the situations in which ?a new rule applies retroactively in a collateral proceeding??are when ?(1) the rule is substantive or (2) the rule is a 'watershed rule of criminal procedure' implicating the fundamental fairness and accuracy of the criminal proceeding.? 221 The first exception has also