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What is a petition under 28 usc 2254 for writ of habeas corpus by a person in state custody?

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. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

Why would a judge issue a writ of habeas corpus?

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.

What does petition for writ of habeas corpus mean?

A federal petition for writ of habeas corpus under 28 U.S.C. 2254 is used by a (1) state prisoner (2) being held in state custody (3) to challenge the validity of a state criminal conviction or sentence (4) for the purpose of obtaining release from custody.

What is habeas corpus under 28 USC 2241?

(a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had.

habeus petition

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