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Topic: Habeas corpus

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	Habeas Corpus Defined and Explained
		A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody.
		A habeas corpus petition is a petition filed with a court by a person who objects to his own or another's detention or imprisonment.
		In a habeas corpus proceeding, a federal court generally "will not review a question of federal law decided by a state court if the decision of that court rests on a state law ground that is independent of the federal question and adequate to support the judgment." Coleman v.
	www.lectlaw.com /def/h001.htm (1275 words)

	Habeas Corpus - dKosopedia
		A habeas corpus petition is a request that a court order a person be made available to it and, generally speaking, released from custody.
		While in theory, a habeas corpus petition can be used to apply to any person held by any person, public or private, 99%+ of habeas corpus petitions seek the release of someone in a prison or jail as a result of a criminal conviction, alleging that the detention is wrongful.
		The right of the courts to release prisoners in a habeas corpus case is a fundamental right found in Article I, Section 9 of the Constitution of the United States of America and has roots back to ancient English law.
	www.dkosopedia.com /index.php/Habeas_Corpus (794 words)

	Habeas Corpus
		Although the precise origin of Habeas Corpus is uncertain in light of it’s antiquity, its principle effect was achieved in the middle ages by various writs, the sum collection of which gave a similar effect as the modern writ.
		And while Habeas Corpus originally was the prerogative writ of the King and his courts, the passage of hundreds of years time has permitted it to evolve into a prerogative writ initiated by the person restrained, or someone acting in his interest rather than by the King or his courts.
		Habeas Corpus is merely one feature, albeit it an important one, of the common law.
	www.habeascorpus.net /asp (641 words)

	HABEAS CORPUS (Site not responding. Last check: )
		Habeas Corpus was granted by the Federal District Court and subsequently upheld by the Federal Court of Appeals.
		However, the Habeas Corpus was overturned by the United States Supreme Court on the grounds that Dred Scott, as a slave, was not a “person” as contemplated by the United States Constitution and therefore did not have the right to petition the Federal Courts for a Writ of Habeas Corpus.
		Habeas Corpus extends even to those who are already released from actual custody on bail and who are contesting the manner and/or authority of the restrictions which bail places on their liberty or the charge for which they have been required to make bail.
	www.wealth4freedom.com /law/HabeasCorpus.shtml (2138 words)

	Habeas Corpus
		The term is typically used to refer to the writ of habeas corpus, which orders the person holding the prisoner to produce the prisoner in court, and the prisoner's write to petition for such a writ.
		In its original use, a petition for habeas corpus was filed to request that the custodian of a prisoner be ordered to bring a prisoner to a county court to testify in a legal matter.
		This use of a petition for habeas corpus still exists, where a prisoner is in the custody of another county or penal system, and the prisoner's presence is required for a legal proceeding.
	www.expertlaw.com /library/criminal/habeas_corpus.html (760 words)

	PETITION FOR WRIT OF HABEAS CORPUS
		Habeas corpus ad respondendum, is a writ which issues at the instance of a creditor, or one who has a cause of action against a person who is confined by the process of some inferior court, in order to remove the prisoner and charge him with this new action in the court above.
		Habeas corpus ad satisfaciendum, is a writ issued at the instance of a plaintiff for the purpose of bringing up a prisoner, against whom a judgment has been rendered, in a superior court to charge him with the process of execution.
		Habeas corpus cum causa, is a writ which may be issued by the bail of a prisoner, who has been taken upon a criminal accusation, in order to render him in their own discharge.
	www.angelfire.com /az/sthurston/habeuscorpus.html (2434 words)

	Habeas Corpus: The Lynchpin of Freedom by Jacob G. Hornberger
		In the absence of habeas corpus, the detainee must continue languishing in prison for having criticized the government, comforted only by the notion that he lives in a country in which the Constitution says that people have freedom of speech.
		The judge issues a writ of habeas corpus, which commands the U.S. official who is holding the petitioner to appear in his courtroom post haste to show cause why he is holding the prisoner.
		Their indifference to the cancellation of the Great Writ –; the writ of habeas corpus, the lynchpin of a free society – is an affront those who struggled for centuries to ensure its enshrinement and protection.
	www.lewrockwell.com /hornberger/hornberger103.html (1452 words)

	The Suspension of Habeas Corpus (Site not responding. Last check: )
		Habeas Corpus, legal term for a writ issued by a judge commanding that a person be brought into court at a given time and place.
		Habeas Corpus was formalized in England in the Habeas Corpus Act, 1679, in the reign of Charles II to prevent persons being held in prison indefinitely without trial ----- then a common practice in some European countries.
		Habeas Corpus was also a right in the American colonies, and violation of it became one of the grievances leading to the American Revolution.
	members.aol.com /gordonkwok/habeas_corpus.html (2382 words)

	habeas corpus - HighBeam Encyclopedia
		habeas corpus [Lat.,=you should have the body], writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose.
		As a result, the Constitution of the United States provides that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it" (Article 1, Section 9).
		The failure of words: Habeas Corpus Reform, the Antiterrorism and Effective Death Penalty Act, and when a judgment of conviction becomes final for the purposes of 28 U.S.C. s.
	www.encyclopedia.com /doc/1E1-habeasco.html (788 words)

	habeas corpus. The Columbia Encyclopedia, Sixth Edition. 2001-05
		The privilege of the use of this writ as a safeguard against illegal imprisonment was highly regarded by the British colonists in America, and wrongful refusals to issue the writ were one of the grievances before the American Revolution.
		As a result, the Constitution of the United States provides that “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it” (Article 1, Section 9).
		President Lincoln suspended habeas corpus in 1861 at the beginning of the Civil War, and his decision was upheld by Congress—despite protests by Chief Justice Roger Taney that such suspension was not within the powers of the President.
	www.bartleby.com /65/ha/habeasco.html (380 words)

	Unenumerated: Liberty and habeas corpus (I)
		The writ of habeas corpus is an order from a national court to a local entity that has imprisoned a person to (1) produce that person at the national court, and (2) provide that court with a good reason for the imprisonment.
		Habeas corpus is is an extraordinary writ, and for that reason runs much farther than the normal jurisdiction of the national court.
		The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
	unenumerated.blogspot.com /2006/10/liberty-and-habeas-corpus-i.html (993 words)

	Federal Habeas Corpus Review
		Habeas Corpus Rule 9(a) provides that a habeas corpus petition may be dismissed if it has been delayed to the prejudice of the responding state.
		Habeas Corpus Rule 4 provides that the petitioner need not serve a copy of the petition on respondent or on the legal officer likely to represent respondent, the court serves the respondent and the state’s attorney general by certified mail.
		Habeas corpus appeals generally proceed according to the requirements of the federal statutes and rules governing federal civil appeals.
	library.findlaw.com /1999/Jan/1/241464.html (10116 words)

	BBC NEWS \| Magazine \| A brief history of habeas corpus
		Habeas corpus is under attack, say critics of the government's anti-terror bill.
		Habeas corpus (ad subjiciendum) is Latin for "you may have the body" (subject to examination).
		Whether the anti-terror bill is the latest chapter in the history of habeas corpus is a matter of debate.
	news.bbc.co.uk /1/hi/magazine/4329839.stm (921 words)

	Find Habeas: Meet Habeas Corpus
		Habeas Corpus has never had a very high profile, but for more than 700 years this quiet hero has stood watch over some basic principles of fairness and human dignity.
		Habeas Corpus — Habeas to his friends, which includes practically everyone who knows him — has never been interested in the spotlight.
		Habeas is out there somewhere, and together we must find him, and restore him to his rightful place in our democracy.
	findhabeas.com /about-mr-habeas (476 words)

	Junking Habeas Corpus
		They argue that habeas corpus is a Constitutional Right and therefore a right that belongs exclusively to the people of the United States.
		But the right of habeas corpus was not invented by the United States Constitution, and it cannot be trademarked as territorial property, made by, or exclusively for citizens of the USA.
		The Right of habeas corpus was written into the United States Constitution because it was already in the 18th Century a time-honored principle for free people anywhere.
	www.prisonplanet.com /articles/October2006/041006Corpus.htm (593 words)

	"War on Terror" Human Rights Issues (Site not responding. Last check: )
		In the original Latin, habeas corpus literally means “holding the body.” People detained by the United States, whether in the United States or outside the United States being held in US custody, are usually permitted to file a petition for a writ of habeas corpus with the court.
		The writ of habeas corpus is essentially a legal challenge to the government’s ability to detain the individual.
		A habeas corpus petition may be filed by someone in detention or by someone acting on the detainee’s behalf.
	www.amnestyusa.org /waronterror/detainees/habeas_corpus.html (461 words)

	Find Habeas: About habeas corpus
		The “Great Writ” of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment.
		Habeas corpus isn’t a fancy legal term, it’s the freedom from being thrown in prison illegally, with no help, no end in sight and with no due process.
		The concept of habeas corpus is a centuries-old legal procedure that is even older than the United States.
	findhabeas.com /about-habeas-corpus (353 words)

	Habeas Corpus
		Harold Hongju Koh, a Yale law professor and a former assistant secretary of state in the Clinton administration, was quoted by the New York Times as saying, "This is an international Marbury versus Madison moment."
		habeas corpus, J. Dale Robertson, "The question of the ICC being a Marbury vs. Madison moment may well be true -- but there is no question that Spc.
		On 31 March 2003, noted Habeas Corpus expert, J. Dale Robertson attempted to intervene on behalf of Ranch Rescue volunteers Casey Nethercott and Hank Conner who had been illegally detained in the Jim Hogg County Jail.
	www.habeascorpus.net (199 words)

	Daily Kos: Leahy to Seek to Restore Habeas Corpus Rights
		An effort to restore habeas corpus rights for enemy combatants could be the first test of the Democrats' resolve to change course in the Senate Judiciary Committee.
		Patrick Leahy of Vermont, who is expected to become chairman, confirmed Thursday that he is drafting a bill to undo portions of a recently passed law that prevent terrorism detainees from going to federal court to challenge the government's right to hold them indefinitely.
		Meaning that the restoration of habeas corpus will have to wait until the courts deem the measure unconstitutional or until a Democrat is in the White House.
	www.dailykos.com /storyonly/2006/11/11/181243/88 (533 words)

	Habeas Corpus
		Habeas L.R. 2254-2 to 2254-10 shall apply to a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in a noncapital case, that is a petition attacking something other than a judgment imposing a penalty of death.
		The assignment of noncapital habeas corpus petitions to a Judge shall be made in accordance with the provisions of the Assignment Plan of the Court.
		Subject to the provisions of 28 U.S.C. § 2241(d), it is the policy of this Court that a petition for writ of habeas corpus in a capital case should be heard in the district in which the petitioner was convicted, rather than in the district of the petitioner's present confinement.
	www.cand.uscourts.gov /CAND/LocalRul.nsf/0/f35ed41126f7d82c882568c00072232f?OpenDocument (3716 words)

	Goodbye, habeas corpus. Hello, executive detention. - By Emily Bazelon - Slate Magazine
		Habeas corpus, the Great Writ, dates from 1305 and the reign of King Edward I in England.
		Habeas is the means by which state prisoners, on rare occasion, can be heard in federal court.
		As for the habeas rights of run-of-the-mill criminal defendants, the proposed revision to the Patriot Act would take from the federal courts, and give to the attorney general, the authority to decide that a state has a system for providing "competent counsel" for death-row prisoners.
	www.slate.com /id/2131127 (1047 words)

	Highbeam Encyclopedia - Search Results for habeas (Site not responding. Last check: )
		Of the several kinds of writs of habeas corpus, the most important is the habeas corpus ad subjiciendum, which commands a person who holds another in custody to bring...
		habeas corpus (leg.) writ requiring a person to be brought before the court.
		First words of the writ beginning Habeas corpus ad subjiciendum (etc.) you shall produce the body (of the person concerned, in court) to undergo (what the court may award); L. habeās, 2nd pers.
	www.encyclopedia.com /SearchResults.aspx?Q=habeas (1000 words)

	Secrecy News
		Habeas corpus refers to the right of a person who has been detained by the government to challenge his detention in a court of law.
		Although the U.S. Constitution does not permit the suspension of habeas corpus except in case of invasion or rebellion, last September Congress did so anyway at the behest of the Bush Administration.
		Proposed limits on habeas corpus were the subject of an intense and contentious hearing before the Senate Judiciary Committee recently, the record of which has just been published.
	www.fas.org /blog/secrecy/2006/12/killing_habeas_corpus.html (334 words)

	Floor Statement on the Habeas Corpus Amendment \| U.S. Senator Barack Obama (Site not responding. Last check: )
		President, I would like to address the habeas corpus amendment that is on the floor and that we just heard a lengthy debate about between Senator Specter and Senator Warner.
		To deny habeas corpus to our detainees can be seen as a prescription for how the captured members of our own military, diplomatic, and NGO personnel stationed abroad may be treated.
		The Congress has every duty to insure their protection, and to avoid anything which will be taken as a justification, even by the most disturbed minds, that arbitrary arrest is the acceptable norm of the day in the relations between nations, and that judicial inquiry is an antique, trivial and dispensable luxury.
	obama.senate.gov /speech/060927-floor_statement_on_the_habeas_corpus_amendment/index.html (2040 words)

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