Washington Warrant In Aid of Writ of Habeas Corpus is an order from the Washington State Supreme Court that directs a law enforcement officer to bring a person who is being held in custody to court for the purpose of determining the legality of the detention. This warrant is typically used when the person in custody has filed a petition for a writ of habeas corpus, which is a legal process that allows a person to challenge the legality of their detention in court. There are two types of Washington Warrant In Aid of Writ of Habeas Corpus, the Original Warrant and the Show Cause Warrant. The Original Warrant directs the officer to bring the person in custody to court, while the Show Cause Warrant requires the officer to give notice to the custodian of the person in custody and to the court of the time and place of the hearing.
Washington Warrant In Aid of Writ of Habeas Corpus
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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.
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 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.
Writs of habeas corpus shall be granted in favor of parents, guardians, limited guardians where appropriate, spouses or domestic partners, and next of kin, and to enforce the rights, and for the protection of minors and persons who have been placed under a guardianship under RCW 11.130.
The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means "show me the body." Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.
A successful Writ of Habeas Corpus may result in a reduction of a prison sentence, a new trial, or even a person's freedom.
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).