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A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the persons imprisonment or detention is lawful.
The literal meaning of habeas corpus is you should have the body. Commonly referred to as the Great Writ, habeas corpus is most often associated with an action asserting ineffective assistance of counsel by petitioners challenging the legality of their conviction, but there are several other uses.
The following are some common grounds for writ of habeas corpus petitions: Introduction of new evidence that points to your innocence. Changes in the law. Incompetency during trial. Ineffective assistance of counsel. Conviction under unconstitutional law. Prosecutorial misconduct. No jurisdiction.
Habeas Corpus is a Latin word meaning which literally means to have the body of. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention.
In United States law, habeas corpus ad subjiciendum (the full name of what habeas corpus typically refers to) is also called the Great Writ, and it is not about a persons guilt or innocence, but about whether custody of that person is lawful under the U.S. Constitution.