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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]
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.
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 ...
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
[10] [11] [7] Writing separately Justice Felix Frankfurter said that "state adjudication of questions of law cannot, under the habeas corpus statute, be accepted as binding." [ 12 ] He said the enforcement of federal constitutional rights was determined by the Habeas Corpus Act of 1867 : "It is for this Court to give fair effect to the habeas ...
The Habeas Corpus Act of 1867 (sess. ii, chap. 28, 14 Stat. 385) is an act of Congress that significantly expanded the jurisdiction of federal courts to issue writs of habeas corpus. [1]
State of Hawai'i v. Christopher L. Wilson is a landmark decision of the Supreme Court of Hawaii. [1]It concluded that "there is no state constitutional right to carry a firearm in public" and that "as the world turns, it makes no sense for contemporary society to pledge allegiance to the founding era’s culture, realities, laws, and understanding of the [American] Constitution."
The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners.