Habeas Corpus
Habeas Corpus:
Everything You Need To Know
The writ of habeas corpus is used to attack an unlawful detention or illegal imprisonment
What is a Habeas Corpus petition?
Habeas corpus is one of the earliest common law writs.
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.
Habeas Corpus FAQs
What does Habeas Corpus mean?
The term habeas corpus comes from the Latin meaning “that you have the body” of the detainee brought before the court or tribunal.
Typically, a petition is used when asking for a writ of habeas corpus to be issued. The writ of habeas corpus commands the person in custody to be presented. A writ of habeas corpus isn’t a remedy in itself, but instead a procedural method used as a guarantee against indefinite detention.
A writ of habeas corpus has been superseded by statutory authority in many states, often being consumed by post-conviction relief rules that govern the motions and associated remedies. Several states have adopted, at least partially, what is known as the Uniform Postconviction Procedure Act so as to have a fairly consistent means of dealing with habeas corpus types of writ petitions.
Even in states where post-conviction relief rules and statutes have mostly replaced habeas corpus, there is often a stand-alone habeas corpus remedy for detention that does not fall within the exact definitions outlined in state level post-conviction relief rules.
Habeas corpus is still an effective remedy at the federal level where a petition for writ of habeas corpus can be used to challenge both federal and state detentions where the detention may be in violation of federal law or federal constitutional protections.
Habeas Corpus in State Court
What is a Habeas Corpus petition in New York?
In New York, Article 440 of the New York Criminal Procedure Law is the primary way a defendant can attack the validity of their criminal conviction and sentence.
What is a Habeas Corpus petition in New Jersey?
New Jersey has adopted a primary post-conviction relief remedy in New Jersey Court Rule 3:22. This has almost completely replaced the writ of habeas corpus in New Jersey.
What is a Habeas Corpus petition in North Carolina?
Like many other states, North Carolina has replaced habeas corpus, for the most part, with a Motion for Appropriate Relief.
What is a Habeas Corpus petition in Florida?
Florida recognizes the writ of habeas corpus as a secondary post conviction relief remedy.
What is a Habeas Corpus petition in Texas?
In Texas, a habeas corpus petition is governed by Article 11.07 of the Texas Code of Criminal Procedure for non-death penalty cases.
What is a Habeas Corpus petition in Minnesota?
In Minnesota, the core functions of traditional habeas corpus petitions have been codified by law as a post-conviction relief motion under Section 590 of the Minnesota Statute, the Minnesota Post-Conviction Procedure Act.
What is a Habeas Corpus petition in Washington State?
In Washington State, a criminal conviction can be challenged by a habeas corpus petition called a Personal Restraint Petition.
What is a Habeas Corpus petition in Federal court?
Federal statutes 28 U.S.C. §§ 2241–2256 provides for a Federal court to issue a writ of habeas corpus for people who are convicted in Federal court of Federal crimes, or people who were convicted in State court for State crimes.
Both types of Federal habeas corpus petitions can be based on a violation of the rights guaranteed by the United States Constitution or Federal law.