habeas corpus

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Related to Habeas petition: habeas corpus

ha·be·as corpus

 (hā′bē-əs)
n.
1. A writ that a person may seek from a court to obtain immediate release from an unlawful confinement, as when the confinement has occurred through a means that violated the person's constitutional rights.
2. The right of a person to obtain such a writ.

[Middle English, from Medieval Latin habeās corpus, produce the body (from the opening words of the writ) : Latin habeās, second person sing. present subjunctive of habēre, to have + Latin corpus, body.]

habeas corpus

(ˈheɪbɪəs ˈkɔːpəs)
n
(Law) law a writ ordering a person to be brought before a court or judge, esp so that the court may ascertain whether his detention is lawful
[C15: from the opening of the Latin writ, literally: you may have the body]

ha•be•as cor•pus

(ˈheɪ bi əs ˈkɔr pəs)
n. Law.
1. a writ requiring a person to be brought before a judge or court, esp. to determine whether the person has been detained or imprisoned legally.
2. the right to obtain such a writ as a protection against illegal detention or imprisonment.
[1350–1400; < Latin: literally, have the body (first words of writ)]

habeas corpus

A writ requiring a person to be brought before a court so that it can be decided whether or not the person’s detention is lawful.
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.habeas corpus - a writ ordering a prisoner to be brought before a judge
judicial writ, writ - (law) a legal document issued by a court or judicial officer
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
2.habeas corpus - the civil right to obtain a writ of habeas corpus as protection against illegal imprisonment
civil right - right or rights belonging to a person by reason of citizenship including especially the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments and subsequent acts of Congress including the right to legal and social and economic equality
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
Translations

habeas corpus

[ˈheɪbɪəsˈkɔːpəs] N (Jur) → hábeas corpus m

habeas corpus

n (Jur) → Habeaskorpusakte f; to file a writ of habeas corpuseinen Vorführungsbefehl erteilen; the lawyer applied for a writ of habeas corpusder Rechtsanwalt verlangte, dass sein Klient einem Untersuchungsrichter vorgeführt wurde

habeas corpus

[ˈheɪbɪəs ˈkɔːpəs] n (Law) → habeas corpus m inv
References in periodicals archive ?
White & Case then turned to federal habeas action and took the innovative approach of filing an amicus brief in support of the defendant's habeas petition. The legal team's work focused on the client's PFAS and argued at the intersection of the sixth (right to counsel) and eighth (cruel and unusual punishment) amendments that the client's cognitive deficits were similar to those suffered by the intellectually disabled, and thus he was ineligible for the death penalty.
Among the barriers imposed is a general prohibition on "second or successive" habeas petitions, meaning a petitioner who previously filed a habeas petition may not bring another, with limited exceptions.
The court's amended rules set out an explicit list of documents required to be filed if a respondent avers that no taking of evidence is necessary to dispose of a habeas petition. The amendments allow 14 days to seek leave to provide fewer documents.
A habeas petition has been filed in the Lahore High Court seeking recovery of the Tehreek-e-Labbaik Pakistan (TLP) leaders including Khadim Hussain Rizvi, Pir Afzal Qadri and others from police custody.
"As part of AEDPA, however, Congress adopted a one-year statute of limitations for the filing of fully-exhausted claims in a federal habeas petition and did not provide for the tolling of the limitations period while a habeas petition was pending in federal court.
Where defendant failed to object during trial to admission of the video interview, he could not challenge its admission in a habeas petition and was not entitled to relief where state court could reasonably conclude there was sufficient evidence for conviction.
They filed a habeas petition in the federal Eastern District of Missouri, attacking in particular the fingernail DNA evidence.
Having failed when using a procedural vehicle identified by the state's highest criminal court as an appropriate way in which to raise the speedy-trial claim, we resorted to a pre-trial habeas petition in federal court.
the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review." (33) For the first habeas petition, three other triggering dates for filing a claim are available, (34) but a second or successive petition must satisfy a more burdensome threshold.
To explain why this computer program is needed and is better than existing options of legal advice to pro se petitioners, Part I provides a brief history of the writ of habeas corpus and explains the writ's intimate connection with state post-conviction review, focusing on the procedural requirements of filing a habeas petition. Part II examines the limitations on the right to counsel.
When a federal court receives a habeas petition, it must first decide whether the claims in that petition were "adjudicated on the merits" in the state court proceedings.