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.

A writ of habeas corpus, also known as the Great Writ, is a summons with the force of a court order ; it is addressed to the custodian ( a prison official for example ) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the person.

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.

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.

* 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 ".

Some states continue to use writ procedures, such as quo warranto, that have been abolished as a procedural matter in federal courts.

He stated that the procedural flaws in the claim required that it be dismissed because it was really a successive petition for a writ of habeas corpus and an attempt to get around strict rules and deadlines.

2 c. 2 ) passed during the reign of King Charles II by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, a procedural device to force the courts to examine the lawfulness of a prisoner's detention.

The writ is available where there is no other adequate remedy.

However, a superior court always has the discretion to grant the writ even in the face of an alternative remedy ( see May v. Ferndale Institution ).

* Is asking the Supreme Court for a writ of mandamus the correct legal remedy?

The writ petition is not maintainable when a remedy provided for under the Code of Civil Procedure is available.

A writ was a summons from the Crown, to the parties to the action, with on its back the substance of the action set out, together with a ' prayer ' requesting a remedy from the court ( for example damages ).

* Some courts have held that in rare circumstances in a federal criminal case, a United States district court may use the common-law writ of error coram nobis under the All Writs Act to set aside a conviction when no other remedy is available.

* A writ of coram nobis corrects a previous error " of the most fundamental character " to " achieve justice " where " no other remedy " is available, e. g., when a judgment was rendered without full knowledge of the facts.

The writ of procedendo ad judicium was the earliest remedy for the refusal or neglect of justice on the part of the courts.

Inherently, the most important limitation on this jurisdiction is that the writ of mandamus is not a proper remedy to control or direct the decisions of inferior courts in matters wherein they have judicial cognizance and discretion.

In such a situation the writ of habeas corpus will properly apply, and is the remedy for such improper action.

) is a legal writ issued by a court to correct a previous error " of the most fundamental character " to " achieve justice " where " no other remedy " is available.

The Court observed that " The writ of error coram nobis is a nonstatutory, common law remedy whose origins trace back to an era in England in which appeals and new trial motions were unknown.

One of the difficulties in extending action on the case further than a supplementary remedy to detinue lay in the unwillingness of the judges before 1585 to uphold an action on a new writ where a remedy already existed, such as in detinue.

WHERE the crown hath unadvisedly granted any thing by letters patent, which ought not to be granted, or where the patentee hath done an act that amounts to a forfeiture of the grant, the remedy to repeal the patent is by writ of scire facias in chancery.

" As the remedy of the writ of scire facias was available in every one of the colonies, its efficacy as a deterrent against abuse of judicial office was assumed rather than debated.