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writ and habeas
George William Brown, the Mayor of Baltimore, and other suspect Maryland politicians were arrested and imprisoned, without a warrant, as Lincoln suspended the writ of habeas corpus.
John Merryman, a leader in the secessionist group in Maryland, petitioned Chief Justice Roger B. Taney to issue a writ of habeas corpus, saying holding Merryman without a hearing was unlawful.
For example, a criminal defendant may be convicted in state court, and lose on " direct appeal " to higher state appellate courts, and if unsuccessful, mount a " collateral " action such as filing for a writ of habeas corpus in the federal courts.
Following this ruling, Alford petitioned for a writ of habeas corpus in the United States District Court for the Middle District of North Carolina, which upheld the initial ruling, and subsequently to the United States Court of Appeals for the Fourth Circuit which ruled that Alford's plea was not voluntary, because it was made under fear of the death penalty.
* 1861 – President of the United States Abraham Lincoln suspends the writ of habeas corpus.
The Parliament of England had its roots in the restrictions on the power of kings written into Magna Carta, which explicitly protected certain rights of the King's subjects, whether free or fettered – and implicitly supported what became English writ of habeas corpus, safeguarding individual freedom against unlawful imprisonment with right to appeal.
Although there is no writ of habeas corpus or bail, the maximum period of pre-trial detention has been reduced to four days.
The prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus.
The right to petition for a writ of habeas corpus has nonetheless long been celebrated as the most efficient safeguard of the liberty of the subject.
The writ of habeas corpus is one of what are called the " extraordinary ", " common law ", or " prerogative writs ", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom.
The writ is referred to in full in legal texts as habeas corpus ad subjiciendum or more rarely ad subjiciendum et recipiendum.
The word habeas in the writ is in the subjunctive ( specifically the volitive subjunctive ): " We command that you have ...".
The full name of the writ is often used to distinguish it from similar ancient writs, also named habeas corpus.
* Habeas corpus ad faciendum et recipiendum ( also called habeas corpus cum causa ): a writ of a superior court to a custodian to return with the body being held by the order of a lower court " with reasons ", for the purpose of “ receiving ” the decision of the superior court and of “ doing ” what it ordered.
" The procedure for issuing a writ of habeas corpus was first codified by the Habeas Corpus Act 1679, following judicial rulings which had restricted the effectiveness of the writ.
Then, as now, the writ of habeas corpus was issued by a superior court in the name of the Sovereign, and commanded the addressee ( a lower court, sheriff, or private subject ) to produce the prisoner before the royal courts of law.
The wording of the writ of habeas corpus implies that the prisoner is brought to the court for the legality of the imprisonment to be examined.
The writ of habeas corpus as a procedural remedy is part of Australia's English law inheritance.
Ct. 1997 ), for example, the petitioner who had originally been found not guilty by reason of insanity and committed for ten years to the jurisdiction of a Psychiatric Security Review Board filed a pro se writ of habeas corpus and the court vacated his insanity acquittal.
So far, in the United States, those acquitted of a federal offense by reason of insanity have not been able to challenge their psychiatric confinement through a writ of habeas corpus or other remedies.
Because the threatened secession of Maryland would leave the Federal capital of Washington, D. C., an indefensible enclave within the Confederacy, Lincoln suspended the writ of habeas corpus and imposed martial law in Baltimore and portions of the state, ordering the imprisonment of pro-secession Maryland political leaders at Ft. McHenry and the stationing of Federal troops in Baltimore.
In 1950, at the outbreak of the Korean War, Hoover submitted to President Truman a plan to suspend the writ of habeas corpus and detain 12, 000 Americans suspected of disloyalty.
However, a shop girl from Ontario, Margaret Ryan, claimed the baby was hers, and brought a writ of habeas corpus in Landis's court.

writ and corpus
* Habeas corpus ad deliberandum et recipiendum: a writ for bringing an accused from a different county into a court in the place where a crime had been committed for purposes of trial, or more literally to return holding the body for purposes of “ deliberation and receipt ” of a decision.
* Habeas corpus ad prosequendum: a writ ordering return with a prisoner for the purpose of “ prosecuting ” him before the court.
* Habeas corpus ad respondendum: a writ ordering return to allow the prisoner to “ answer ” to new proceedings before the court.
* Habeas corpus ad testificandum: a writ ordering return with the body of a prisoner for the purposes of “ testifying ".

writ and also
In Anglo-American common law courts, appellate review of lower court decisions may also be obtained by filing a petition for review by prerogative writ in certain cases.
Since the 18th century the writ has also been used in cases of unlawful detention by private individuals, most famously in Somersett's Case ( 1772 ), where the black slave Somersett was ordered to be freed.
The treaty not only signalled the end of the perennial, destructive wars that had ravaged Europe, it also represented the triumph of sovereignty over empire, of national rule over the personal writ of the Habsburgs.
It has also been asserted that the President's responsibility in the " faithful " execution of the laws entitles him to suspend the privilege of the writ of habeas corpus.
Deng also separated Mao from Maoism, making it clear that Mao was fallible and hence that the truth of Maoism comes from observing social consequences rather than by using Mao's quotations as holy writ, as was done in Mao's lifetime.
That writ not only gave him the written right to re-enter his own land, but it also established this right under the protection of the Crown if need be, whence its value.
Law courts can also enter certain types of immediately enforceable orders, called " writs " ( such as a writ of habeas corpus ), but they are less flexible and less easily obtained than an injunction.
Congress also clarified the scope of the federal writ of habeas corpus to allow federal courts to vacate unlawful state court convictions or sentences in 1867 ( 28 U. S. C.
The writ of mandate is also used in California for interlocutory appeals.
" Morris also wrote, " If, in an experience of thirty-three years, you have never before known the writ to be disobeyed, it is only because such a contingency in political affairs as the present has never before arisen.
In some cases, this writ may also be used to prevent an inferior court from acting contrary to the rules of natural justice.
The expression, " other authorities " has been interpreted to cover even business organisations like LIC and therefore such organisations also are amenable to the writ jurisdiction of the courts.
A bill of attainder ( also known as an act of attainder or writ of attainder ) is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.
The Achtiname of Muhammad, also known as the Covenant or ( Holy ) Testament ( Testamentum ) of Muhammad, is a medieval document which purports to be a charter or writ ratified by Muhammad granting protection and other privileges to the monks of Saint Catherine's Monastery, Mount Sinai.
Floyd Laughren was also planning to retire, but had not finalized his plans when Peterson dropped the writ.
Parliament abolished wager of battle the following year, in 1819, and at the same time they also abolished the writ of right and criminal appeals.
In November 2011, The Andhra Pradesh High Court ordered a probe against Chandrababu Naidu. A Division Bench said " we are of the opinion that the petitioner made out a case of misuse and / or abuse of power and also actions of indulgence by respondent No. 8 ( Mr. Naidu ) warranting admission of the writ petition ”. The Bench directed the investigating agencies – Central Bureau of Investigation ( CBI ), the Enforcement Directorate ( ED ) and the Securities And Exchange Board of India ( SEBI ) to submit reports within three months so that the court could further consider the matter. The petition was filed by Y. S.
Louis I's decree also regulated the legal status of the cneazes, the Romanians ' local leaders, by establishing a distinction between cneazes " brought to " their lands by royal writ whose testimony in court weighed like that of nobles (" noble cneazes "), and others whose evidence counted for less (" commoner cneazes ").
The United States district court agreed, denying the writ, but also found that there was probable cause for an appeal and allowed the defendants to take their case to the U. S. Supreme Court.
Kunstler filed for a writ of habeas corpus with Sidney Mize, a federal judge in Biloxi, and appealed to the Fifth Circuit ; he also filed similar pleas in state courts.
" The Committee also recommended that the reading of the writ of summons, which is of the same form for all peers, be ceased, though the reading of the Letters Patent, which are often unique to the peer, be continued.
When used to evict someone from real property, such a writ is also called a writ of restitution or a writ of possession.

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