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	Habeas Corpus - LoveToKnow 1911
		HABEAS CORPUS, in English law, a writ issued out of the High Court of Justice commanding the person to whom it is directed to bring the body of a person in his custody before that or some other court for a specified purpose.
		The use of this writ in most if not all criminal cases was forbidden in 1553; but it was used in the 17th century in a case of kidnapping (Designy's case, 1682), and against Lord Grey for abducting his wife's sister (1682), and in the earl of Banbury's case to recover his wife (1704).
		The writ is freely resorted to in Canada, and in 1905, 1906, two appeals came to the privy council from the dominion, one with reference to an extradition case, the other with respect to the right to expel aliens.
	www.1911encyclopedia.org /Habeas_Corpus (2674 words)

	habeas corpus - Encyclopedia.com
		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.
		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.
		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.encyclopedia.com /doc/1E1-habeasco.html (1369 words)

	HABEAS CORPUS THE MOST EXTRAORDINARY 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.
		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.habeascorpus.net /hcwrit.html (2120 words)

	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)

	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 (2427 words)

	Information of habeas corpus provided by Texas law firm headed by Walter M. Reaves, criminal lawyer - defense attorney ...
		Generally, habeas corpus is limited to complaints involving the violation of constitutional rights, or the jurisdiction of a court to hear a case.
		A habeas corpus proceeding is initiated in state court by filing an application for writ of habeas corpus.
		In habeas corpus, the burden shifts to the defendant to establish harm.
	www.postconviction.com /habeas-corpus.html (2273 words)

	Dallas Criminal Lawyer - Murphy Bio, Confidential, Right To Counsel, Interview, Federal Appeal
		The essence of habeas corpus is an attack by a person in custody upon the legality of that custody, and the traditional function of the writ of habeas corpus is to secure the prisoner's release from illegal custody.
		The purpose of this chapter is to provide a general overview of the use of the writ of federal habeas corpus to attack the fact of or duration of a Texas state conviction after all state remedies have been exhausted.
		Another reason to file a petition for federal habeas corpus as promptly as possible after state remedies have been exhausted is that the failure to file the petition in a timely fashion can result in a loss of jurisdiction of the federal court in some cases.
	www.dallas-criminal.com /federalappeal.html (1468 words)

	Future of Freedom Foundation -- Civil Liberty and the State: The Writ of Habeas Corpus (FD 4/02)
		Habeas corpus means, literally, “You are to have the body,” i.e., “You are to bring the body, the prisoner himself, before us,” so that a court of law may be informed as to why a man has been imprisoned.
		Only in January 1628 were they released, but not in deference to a writ of habeas corpus, but as a “gesture” by the king, as he was calling a new Parliament into session and hoped for the goodwill that would lead to the funding of his war expenditures.
		That the writ of Habeas Corpus cannot be denied, but ought to be granted to every man that is committed or detained in prison or otherwise restrained by the command of the King, the Privy Council, or any other.
	www.fff.org /freedom/fd0204c.asp (1849 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)

	Habeas Corpus
		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).
		A copy of the writ may be forwarded to the U.S. Marshal for information only even if he or she is not ordered to execute it.
		State prisoners appearing before federal court to satisfy a writ of habeas corpus ad prosequendum or ad testificandum in federal criminal cases will remain in the U.S. Marshal’s custody until the proceedings for which the writ was issued conclude, if so ordered by the court.
	www.usdoj.gov /marshals/process/habeas.htm (365 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)

	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 (1002 words)

	Lincoln's suspension of habeas corpus. - By David Greenberg - Slate Magazine
		First a definition: The Latin phrase habeas corpus means "you have the body." The privilege of the writ of habeas corpus refers to a common-law tradition that establishes a person's right to appear before a judge before being imprisoned.
		Habeas corpus is the only common-law tradition enshrined in the Constitution, which also explicitly defines when it can be overridden.
		Article I, Section 9 of the Constitution says, "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."
	www.slate.com /id/2059132 (1637 words)

	JURIST - Forum: Suspending and Using Habeas Corpus: The View from 1689
		Habeas corpus, they argued, was “the best security of the nation.” They understood that habeas did not simply release dangerous people from jail.
		Using habeas corpus, the court of King’s Bench, Sir John Holt presiding, held the applicable law up to every prisoner and asked whether law or fear had been the reason for imprisonment.
		Despite the fear that produced the suspension of 1689, the justices showed throughout that they were quite capable of protecting the liberty and security of the people by using the habeas corpus well.
	jurist.law.pitt.edu /forumy/2006/10/suspending-and-using-habeas-corpus.php (999 words)

	America Responds to Terrorism -- Lincoln and the "Writ of Liberty"
		The authors of these documents apparently believed that habeas corpus was such a fundamental liberty that it needed no further guarantee in writing.
		The only mention of the writ of habeas corpus in the Constitution relates to when it can be taken away from judges.
		In response to widespread criticism of his suspension of the writ of habeas corpus and the banishment of Vallandigham, Lincoln wrote a long letter to Democratic Party leaders defending his actions.
	www.crf-usa.org /terror/Lincoln.htm (1902 words)

	History of Bail
		By requiring early designation of the cause for arrest, the Habeas Corpus Act provided a suspect with knowledge that the alleged offense was either bailable or not.
		The Sixth Amendment to the Constitution, like the English Habeas Corpus Act of 1678, insures that when arrested, a man "be informed of the nature and cause of the accusation" thereby enabling him to demand bail if he has committed a bailable offense.
		Habeas corpus protection was afforded by Article I of the Constitution.
	www.bail.com /history.htm (2895 words)

	Habeas Corpus in the Civil War
		Basically, habeas corpus represents the legal right that a person in a free society has to not be whisked from his or her home without reason or cause and to not be detained or punished by the authorities without getting a fair hearing in court and a chance of self-defense.
		William Rawle in 1829 called the writ, "the great remedy of the citizen or subject against arbitrary or illegal imprisonment; it is the mode by which the judicial power speedily and effectually protects the personal liberty of every individual, and repels the injustice of unconstitutional laws or despotic governors."[1]
		And the Habeas Corpus Act had provided that when a grand jury met after a prisoner had been taken, and it adjourned without indicting him, the federal courts were obliged to order his release.
	www.etymonline.com /cw/habeas.htm (2436 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 Writ shall not be suspended. . . (Site not responding. Last check: )
		The Habeas Writ is purposed to get the accused before the court to state a defense or claim.
		Habeas Corpus is a legal term, which, in the original Latin, means you are ordered to have the body.
		The writ of Habeas corpus is one of the basic guarantees of personal freedom in English and American law.
	www.fa-ir.org /ai/habeas_corpus.htm (268 words)

	Chad Perrin: SOB » the simple truth of the Writ of Habeas Corpus (Site not responding. Last check: )
		The more widely the importance of the Writ of Habeas Corpus is understood, and the more widely the errors of our government are known, the better off we may be.
		Habeas corpus is suspendable by military order on a battlefield, within limited scope.
		The problem here is that habeas corpus is effectively eliminated by the Military Commissions Act and applies everywhere, including the streets of Peoria, and that it's not a temporary suspension by executive order — it's a law.
	sob.apotheon.org /?p=154 (1160 words)

	Suspension of Writ of Habeas Corpus OR
		Suspension of Writ of Habeas Corpus OR Lincoln's Suspension of the Writ of Habeas Corpus
		In accordance with the foregoing warrant the undersigned devolves on Major-General Patterson, commanding the Department of Pennsylvania, Delaware and Maryland; Brigadier-General Butler, commanding the Department of Annapolis, and Colonel Mansfield, commanding the Washington Department, a like authority each within the limits of his command to execute in all proper cases the instructions of the President.
		Lincoln's Suspension of the Writ of Habeas Corpus
	www.civilwarhome.com /Writ.htm (150 words)

	WM3.org - Chronology: Response to Motion to Dismiss Amended Petition for Writ of Habeas Corpus
		Petitioner DAMIEN WAYNE ECHOLS hereby responds as follows to Respondent Norris's Motion to Dismiss Petition for Writ of Habeas Corpus for Non-Exhaustion ("Motion to Dismiss"), filed with this Court on March 2, 2005.
		On October 28, 2004, petitioner Echols filed his initial petition for federal habeas corpus relief in this Court, challenging his 1993 convictions in an Arkansas trial court on three counts of first degree murder, crimes for which the trial court imposed a sentence of death.
		The October 28th petition challenged the validity of Echols's convictions on five federal constitutional grounds involving (1) juror misconduct; (2) juror bias; (3) DNA evidence indicating actual innocence; (4) his trial lawyer's conflict of interest; and (5) his trial lawyer's ineffective assistance of counsel.
	www.wm3.org /live/trialshearings/chrono_detail.php?guy=1&chrono_Id=146&page=1 (845 words)

	Petition for Write of Habeas Corpus - California
		The court must rule on a petition for writ of habeas corpus within 30 days after the petition is filed.
		If the court fails to rule on the petition for writ of habeas corpus within 30 days of its filing, an order to show cause will be deemed to have issued under subdivision (c).
		It establishes a timetable for handling habeas corpus petitions, places limitations on certain "ex parte" communications, substitutes the term "denial" in place of the outdated "traverse," and requires a brief statement of the reasons for denial of a petition.
	www.1union1.com /habeas_corpus.htm (5647 words)

	All the Laws but One: A Writ of Habeas Corpus
		On April 27th Lincoln startled the country by suspending the Constitutional privilege of the Writ of Habeas Corpus along the military lines from Washington to Philadelphia.
		Habeas Corpus is the personal right that goes back to English common law, predating our own Constitution.
		In short, the Writ says that a person being arrested must be charged with a specific crime or he/she must be released.
	scienceviews.com /parks/habeascorpus.html (646 words)

	Hamdi and Habeas Corpus
		The Constitution 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." The writ of habeas corpus is a venerable legal procedure that allows a prisoner to get a hearing before an impartial judge.
		Once the Justice Department admits, as it must, that the writ of habeas corpus has not been suspended, the law is clear.
		And that means the prisoner has to be able to meet with his attorney to adequately prepare for their "day in court," where they will have an opportunity to persuade a judge that a mistake or abuse has occurred.
	www.cato.org /research/articles/lynch-040423.html (992 words)

	Appeals and the Writ of Habeas Corpus FAQ
		Appeals and the Writ of Habeas Corpus FAQ
		Defendants who think they've been wrongfully convicted of a crime have a number of options: appeals, writs, and habeas corpus.
		An appeal is a request to a higher (appellate) court for that court to review and change the decision of a lower court.
	www.nolo.com /encyclopedia/articles/crim/writ.html (172 words)

	The death of habeas corpus - Countdown with Keith Olbermann- msnbc.com
		The death of habeas corpus - Countdown with Keith Olbermann- msnbc.com
		One bit of trivia that caught our eye was the elimination of habeas corpus, which apparently use to be the right of anyone who’s tossed in prison to appear in court and say “Hey, why am I in prison?”
		But this so-called “Constitution” is frustratingly vague about the right to trial. In fact, there’s only one reference to habeas corpus at all, quoting: “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.”
	www.msnbc.msn.com /id/15220450 (792 words)

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