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 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.

* 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 ".

In the Supreme Court, in which review in most cases is available only if the Court exercises its discretion and grants a writ of certiorari.

There is no corresponding right to a writ in any pure or continental civil law legal systems, though some mixed systems such as Quebec recognize these prerogative writs.

§ 68 VwVGO rules the preliminary proceeding, called “ Vorverfahren ” or “ Widerspruchsverfahren ”, which is a stringent prerequisite for the administrative procedure, if an action for rescission or a writ of mandamus against an authority is aimed.

In respect of the High Court, historically a writ of latitat would have been issued, but now a bench warrant is issued, authorizing the tipstaff to arrange for the arrest of the individual, and imprisonment until the date and time the court appoints to next sit.

(; Latin: " you must present the person in court ") is a writ ( legal action ) which requires a person under arrest to be brought before a judge or into court.

One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado.

It is sometimes described as the “ great writ ”.

Blackstone explained the basis of the writ, saying " The King is at all times entitled to have an account, why the liberty of any of his subjects is restrained, wherever that restraint may be inflicted.

However, rather than issuing the writ immediately and waiting for the return of the writ by the custodian, modern practice in England is for the original application to be followed by a hearing with both parties present to decide the legality of the detention, without any writ being issued.

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

Under the Criminal Code of Canada the writ is largely unavailable if a statutory right of appeal exists, whether or not this right has been exercised.

The section provides that the writ of habeas corpus shall not be suspended " except when in cases of rebellion or invasion the public safety may require it "; prohibits bills of attainder or ex post facto laws ; bars the imposition of taxes or duties on articles exported from any state or the granting of preference to ports of one state over another ; and prohibits civil officers from accepting titles of nobility without the consent of Congress.

protection by the Government ; the enjoyment of life and liberty ... the right of a citizen of one State to pass through, or to reside in any other State, for purposes of trade, agriculture, professional pursuits, or otherwise ; to claim the benefits of the writ of habeas corpus ; to institute and maintain actions of any kind in the courts of the State ; to take, hold and dispose of property, either real or personal ; and an exemption from higher taxes or impositions than are paid by the other citizens of the State.

It was early provided that, in seeking to remove one who wrongfully entered another's land with force and arms, a person could allege disseisin ( dispossession ) and demand ( and pay for ) a writ of entry.

In 1253, to prevent judges from inventing new writs, Parliament provided that the power to issue writs would thereafter be transferred to judges only one writ at a time, in a " writ for right " package known as a form of action.

Later, the king started to create new baronies in one of two ways: by a writ of summons directing a chosen man to attend Parliament, and in an even later development by letters patent.

A writ to Roger de Reynham, Sheriff of Kent in 1332 directed and commanded him that the residents of Plumstead should be allowed to send one man only.

A writ of mandamus or mandamus ( which means " we command " in Latin ; ), or sometimes mandate, is the name of one of the prerogative writs in the common law, and is " issued by a superior court to compel a lower court or a government officer to perform mandatory or purely ministerial duties correctly.

Originally, a writ became necessary, in most cases, to have a case heard in one of the Royal Courts, such as the King's Bench or Common Pleas.

Where a plaintiff wished to have a case heard by a local court, or by an Eyre if one happened to be visiting the County, there would be no need to obtain a writ.

However, if a plaintiff wished to avail himself of Royal — and by implication superior — justice in one of the King's courts, then he would need a writ, a command of the King, to enable him to do this.

At first, new writs could be drafted to fit new situations, although in practice the clerks of the Chancery would re-use old forms, and there were many books that were collections of forms of writ, much as in modern times lawyers frequently use fixed precedents or boilerplate, rather than re-inventing the wording of a legal document each time they wish to create one.

Moreover, a writ, if one could be found fitting the plaintiff's case, provided the legal means to remove the dispute from the jurisdiction of the local court, often controlled by a lesser noble, and instead have it heard by the King's judges.

With the abolition of the Forms of Action in 1832 and 1833, a profusion of writs was no longer needed, and one uniform writ came to be used.

In some Westminster systems, for example Canada, and some other parliamentary systems, the phrase ' dropping the writ ' refers to the dissolution of parliament and the beginning of an election campaign to form a new one.

II, at 802 (" Once known as a prerogative writ, scire facias is now better described as one of the extraordinary writs ") ( 1987 )

" The writ of procedendo is merely an order from a court of superior jurisdiction to one of inferior jurisdiction to proceed to judgment.

Major British constitutional documents include ; Magna Carta ( foundation of the " great writ " Habeas corpus — safeguarding individual freedom against arbitrary state action ), the Bill of Rights 1689 ( one provision granting freedom of speech in Parliament ), Petition of Right, Habeas Corpus Act 1679 and Parliament Acts 1911 and 1949.

The Barony was created by writ in 1264 ; no other English title predates it unless one accepts certain doubtful contentions about the title of Earl of Arundel.

He was the third son of Frederick Ponsonby, 3rd Earl of Bessborough, and the husband of Lady Barbara Ashley-Cooper, one of the co-heirs to the ancient barony by writ of Mauley ( or Maulay ), which superseded the feudal barony the caput of which was at Mulgrave Castle, Yorkshire, which barony by writ had become extinct in 1415.

After the 1992 General Election, John Major utilised a writ of acceleration to call Lord Cranborne up to the House of Lords in one of his father's junior titles.

No one questioned his dominance – he spoke holy writ – his leading role in that summer's activities, and his right to all power.

That in one of my papers writ ( I cannot say in what year, but I am sure some time before I had any correspondence with Mr Oldenburg, and that's above fifteen years ago ), the proportion of the forces of the planets from the sun, reciprocally duplicate of their distances from him, is expressed, and the proportion of our gravit to the moon's conatus recedendi a centro terrae is calculated, though not accurately enough.