Ad
related to: state of hawaii habeas corpus law
Search results
Results From The WOW.Com Content Network
In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
The Hawaii Constitution was framed by a Constitutional Convention under Act 334, Session Laws of Hawaii 1949. It was adopted by popular ballot on November 7, 1950, and was deemed amended when three propositions submitted to the people—in accordance with the Act of the U.S. Congress approved March 18, 1959 [6] —were adopted by the people on June 27, 1959.
The Hawaii State Supreme Court has original jurisdiction to answer questions of law that have been passed to it from trial courts or the federal court, hear civil cases submitted to the Supreme Court on agreed statements of facts, and decide questions coming from proceedings of writs of mandamus, prohibition, and habeas corpus. [3]
Legal basis. The martial law concept in the United States is closely tied to the right of habeas corpus, which is, in essence, the right to a hearing and trial on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary. The ability to suspend habeas corpus is related to the imposition of martial law. [1]
A writ of habeas corpus can be granted if a state court decision "resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States[.]" [11] Considering the application of Miranda to Fields' situation, the Court said: [1]
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' that you have the body ') [1] is a recourse in law by which a report can be made to a court in the events of unlawful detention or imprisonment, requesting that the court order the person's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful.
The governor of the State of Hawaii is the head of government of Hawaii, [1] and commander-in-chief of the state's military forces. [2] The governor has a duty to enforce state laws; [2] the power to either approve or veto bills passed by the Hawaii Legislature; [3] the power to convene the legislature; [4] and the power to grant pardons, except in cases of treason and impeachment.
Hamdi v. Rumsfeld, 542 U.S. 507 (2004), is a United States Supreme Court case in which the Court recognized the power of the U.S. government to detain enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process, and the ability to challenge their enemy combatant status before an impartial authority.