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 computer program could also provide them with key information about the long-term options of post-conviction review, including a federal habeas petition.
168) But before AEDPA, summary denials did not affect federal review because habeas petitions were decided de novo.
14) The burden placed on the federal courts' dockets by habeas petitions is well known and accounted for.
After relief is denied in state court, a federal habeas petition is filed, in which an ineffective assistance of trial counsel at sentencing claim is also raised.
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.
Moreover, habeas petitions often turn on the particular facts of the case.
3663, 3663-64 (citing steady increase in habeas petitions starting in 1941 through fiscal year 1966); Henry J.
As Justice Souter has helpfully explained, an "original" habeas petition "is commonly understood to be 'original' in the sense of being filed in the first instance in this Court, but nonetheless for constitutional purposes an exercise of this Court's appellate (rather than original) jurisdiction.
As in the first scenario, the defendant files a habeas petition, this time claiming that ineffective assistance of counsel caused him to reject his plea bargain.
During two years of federal detention, Hamdi could not communicate with his attorney or his father, who filed a habeas petition on his behalf.