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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 person's 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.
What is a habeas corpus petition under 28 United States Code 2254?
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 petition for relief?
To use this form, you must be a person who is currently serving a sentence under a judgment against you in a state court. You are asking for relief from the conviction or the sentence. This form is your petition for relief.
What is a 2254 form?
What Is a 2254 Federal Habeas Corpus Petition? A person who is in custody under a state court judgment may challenge his or her conviction in federal court on the ground that there was a violation of his or her federal constitutional right.
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The term "coram nobis" is Latin for "before us" (i.e., the king) and the meaning of its full form, quae coram nobis resident, is "which [things] remain in ...
28 U.S. Code § 2254 - State custody; remedies in Federal courts
A copy of the official records of the State court, duly certified by the clerk of such court to be a true and correct copy of a finding, judicial opinion, or ...
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