What is the writ of habeas corpus and how it is violated?

A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

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

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

Name: Montgomery Maryland Petition for Writ of Habeas Corpus by a Person in State Custody
Brand: US Legal Forms
Rating: 4.88 (380 reviews)

Category:

Civil Procedure - Habeas Corpus

State:

Multi-State

County:

Montgomery

Control #:

US-00277

Format:

Instant download

Description

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

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FAQ

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.

One can file the writ petition of Habeas Corpus in any of the courts, be it High Court or the Supreme Court. Also, one can issue it under the following circumstances where: The person has been detained but has not been produced before the magistrate within 24 hours of arrest.

A petition for writ of habeas corpus is typically filed in the Superior Court where the petitioner was convicted. The Court receiving the petition will then evaluate it within 60 days by asking whether, assuming the petition's factual allegations are true, the petitioner would be entitled to relief.

Also like an appeal, a writ of habeas corpus is filed after a person has been convicted of a crime. A person can file a writ of habeas corpus, however, anytime after he or she is detained by law enforcement. Another significant difference between these two methods is the reason they are used.

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).

Habeas motions are popular in larger jurisdictions such as Baltimore County, where the turnaround time of 10 days to 2 weeks will likely speed up due to the postponement of most other hearings.

That latter rule, which was later codified in the criminal procedure statutes and the Maryland court rules, demands that a criminal defendant be brought to trial within 180 days after the earlier of the appearance of counsel, or the first appearance of the defendant before the circuit court, unless good cause is shown

A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

More info

First, a U.S.C. § 2254 allows us to file a petition for Habeas Corpus when the client is in custody under sentence of a state court and is in a state prison. Rule 91 -- Habeas Corpus. 91.Addendum to Application to Inspect Public Records. Use this form to request to view public court records in person at a District Court for multiple cases. (Click above to print State Forms necessary for Vital Statistics.) For assistance in creating and filing forms click one of the links below: Custody splitting is a problematic issue even in the best of environments. Petitioner Christopher Kunkeli is a 32yearold mechanic who is detained pretrial in the Dutchess County jail. You are now leaving the Montgomery County, Maryland Web Site. Part 1: An Overview of State Petitions for Writ of Habeas Corpus. Part 2: How to Prepare to File a Petition.

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

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