Habeas Corpus at Legal Glossary

What is it? Latin for You have the body. A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continue to hold him. If the judge orders a hearing after reading the writ, the prisoner gets to argue that his confinement is illegal. These writs are frequently filed by convicted prisoners who challenge their conviction on the grounds that the trial attorney failed to prepare the defense and was incompetent. Prisoners sentenced to death also file habeas petitions challenging the constitutionality of the state death penalty law. Habeas writs are different from and do not replace appeals, which are arguments for reversal of a conviction based on claims that the judge conducted the trial improperly. Often, convicted prisoners file both.

Law Definition Added By: Nicholas

Send To Friends!

If you'd like to send the Habeas Corpus definition to yourself or to your friends/colleagues, just enter the e-mail addresses in the boxes below -

We hope you now understand the meaning of Habeas Corpus. If you need any more information on this term, please don't hesitate to contact us.

Other Similar Legal Terms:

Law Terms memorandum decision is A single, very brief paragraph setting out a courts decision in a case. A memorandum decision does not usually include the courts reasons for reaching its result; those details may appear later in a comprehensive written opinion.

Law Terms fraudulent transfer is In a bankruptcy case, a transfer of property to another for less than the propertys value for the purpose of hiding the property from the bankruptcy trustee -- for instance, when a debtor signs a car over to a relative to keep it out of the bankruptcy estate. Fraudulently transferred property can be recovered and sold by the trustee for the benefit of the creditors.

Law Terms comprehensive insurance coverage is An element of car insurance that pays for damages to your vehicle caused by anything other than a collision, including vandalism, theft and natural disasters.

Law Terms County Attorney is See District Attorney.

Law Terms novation is The substitution of a new contract for an old one. A novation may change one of the parties to the contract or the duties that must be performed by the original parties.