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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. ' 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 Constitution of the State of Hawaii (Hawaiian: Kumukānāwai o Hawaiʻi), also known as the Hawaii State Constitution,[1] is the fundamental governing document of the U.S. state of Hawaiʻi. As an organic text, it establishes the principles and framework of government, enumerates the rights and freedoms of Hawaiian citizens, and serves as ...
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]
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]
Martinez, 436 U.S. 49 (1978), was a landmark case in the area of federal Indian law involving issues of great importance to the meaning of tribal sovereignty in the contemporary United States. The Supreme Court sustained a law passed by the governing body of the Santa Clara Pueblo that explicitly discriminated on the basis of sex. [1]
More recently, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), codified in 28 U.S.C. § 2254, had imposed particular limits on how federal courts in the U.S. handled habeas corpus petitions from prisoners in state prisons. A writ of habeas corpus can be granted if a state court decision "resulted in a decision that was ...
Habeas corpus is a legal procedure initiated by an individual to test the legality of his detention by the government. [16] To benefit from habeas corpus, the affected person, or someone on his behalf, must file a petition for relief before a court with jurisdiction. The procedure is contained in 28 U.S.C. § 2241 et. seq.