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Petition for Writ of Habeas Corpus by a Person in State Custody

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Multi-State
Control #:
US-00277
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Word; 
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Description Petition Definition

This is a multi-state form covering the subject matter of the title.

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Define Habeas Corpus Other Form Names

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Habeas Corpus Petition FAQ

Habeas Corpus - A simple dictionary meaning of the writ of Habeas Corpus is "a writ requiring a person under arrest of illegal detention to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention".

Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law.

(b) A writ of habeas corpus may be prosecuted for, but not limited to, the following reasons: (1) False evidence that is substantially material or probative on the issue of guilt or punishment was introduced against a person at any hearing or trial relating to his incarceration; or (2) False physical evidence, believed

What's a writ of habeas corpus? Literally translated, a writ of habeas corpus is a court order to "produce the body" and is generally filed by those in prison. They are also filed by those who've been held in contempt of court by a judge and either imprisoned or threatened with imprisonment.

The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf. 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.

Federal habeas can be a very slow process. The longest I ever had to wait for a decision on a federal habeas corpus case was three years from the conclusion of evidentiary hearing. After three years the judge entered an extraordinarily long...

Known as "the Great Writ," habeas corpus gives individuals the power to get help from courts to keep government and any other institutions that may imprison people in check.The writ of habeas corpus gives jailed suspects the right to ask a judge to set them free or order an end to improper jail conditions.

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Petition for Writ of Habeas Corpus by a Person in State Custody