habeas corpus

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Related to Habeas petition: habeas corpus

habeas corpus

[hā′bē·əs kôr′pəs]
Etymology: L, you have the body
a right retained by all psychiatric patients that provides for the release of individuals who claim they are being deprived of their liberty and detained illegally. A hearing for this determination takes place in a court of law, where the patient's sanity may be at issue.
References in periodicals archive ?
The Sixth Circuit has slowly trended towards embracing the concept of inherent equitable authority to supplement the appellate record, and, in particular, has recently exercised the power in reviewing habeas petitions.
Costner, (153) in which the Fourth Circuit reviewed a district court decision denying the government's motion to dismiss a Romanian citizen's habeas petition that sought to block his extradition to Romania on the ground that he credibly feared torture if extradited.
The specific facts before the Court concerned Tony Saffold, who filed a federal habeas petition challenging his California state conviction and who was seeking tolling of AEDPA's statute of limitations for the period of time in which he had sought California state habeas relief.
58) In light of the government's decision not to challenge the Parhat ruling, (59) the detainees subsequently filed habeas petitions, arguing that, given the absence of authority for their continued detention, they were entitled to be released.
45) The DC Circuit, however, made clear in its February 20, 2007, decision in Boumediene that the Military Commissions Act applied to the detainees' habeas petitions.
41) The court appropriately read the MCA to require a two-step process for removing a case from the court's jurisdiction, and the government's failure to complete the second step allowed the court to retain jurisdiction over al-Marri's habeas petition.
The Supreme Court, in a 5-4 decision, with the majority opinion written by Scalia, concluded that the New York court lacked jurisdiction to hear Padilla's case because a person must bring a habeas petition where he or she is being detained, against the person immediately responsible for the detention.
until April 23, 1997, to file his or her federal habeas petition excluding any time during which a "properly filed" application for collateral relief was "pending.
It was clear from the opinion that the court wants to avoid having to give substantive review to every death-row habeas petition it receives.