Texas Petition For A Writ of Habeas Corpus By A Person In State Custody, 28 U.S.C. 2254 is a legal remedy available to individuals who are in state custody and who believe they are being unlawfully detained. The writ of habeas corpus is a court order that requires a custodial authority to bring the detained person before the court in order to determine whether their detention is lawful. Under 28 U.S.C. 2254, a person in state custody may petition the federal court for a writ of habeas corpus. There are two types of Texas Petition For A Writ of Habeas Corpus By A Person In State Custody, 28 U.S.C. 2254: a "pro SE" petition and a "counseled" petition. A pro SE petition is one that is filed without the assistance of a lawyer. A counseled petition is one that is filed with the assistance of a lawyer. In either case, the petitioner must present evidence that their detention is unlawful in order to have the writ of habeas corpus granted.
Texas Petition For A Writ of Habeas Corpus By A Person In State Custody, 28 U.S.C. 2254
Description Writ Corpus
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