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  #51  
Old 10-05-2010, 11:20 PM
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No, that is not going to work. the PA judge has no authority to order his release or transport from MI by issuing a writ of habeas corpus. A state court judge has no authority across state lines. Your boyfriend will be extradited to PA, and he can talk to the attorney appointed for him in MI about waiving extradition in order to speed up the process. Other than that, he is just going to have to stay put and be patient.
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  #52  
Old 10-09-2010, 08:10 AM
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Right, I knew that. We are trying to get his time served concurrent so that he does not have to go back to PA. So your suggestion is to speak with the judge? Great, I will make sure his lawyer does that. Thank you for your help
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  #53  
Old 10-09-2010, 07:11 PM
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If you win in the District Court, sometimes you can bond out while waiting for the federal circuit court to rule on the government's appeal. I have seen that happen in the Tenth Circuit, even in murder cases (so long as the death penalty was not on the table.)

Quote:
Originally Posted by Gem620 View Post
is there a such thing as a habeas corpus bond
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  #54  
Old 10-09-2010, 07:32 PM
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Several state habeas statutes provide for th granting of bail or release on recognizance pending final resolution of a petition. E.g., New York, the provision for which follows.

New York Consolidated Laws
http://www.loislaw.com/css/images/icons/printer-12.gif http://www.loislaw.com/css/images/icons/email.gif http://www.loislaw.com/css/images/icons/filesave-12.png http://www.loislaw.com/css/images/ic...t-lines-12.gif
http://image.loislaw.com/prosite/misc/cfolder.gif New York Consolidated Laws
http://image.loislaw.com/prosite/misc/cfolder.gif CHAPTER 8 OF THE CONSOLIDATED LAWS — CIVIL PRACTICE LAW AND RULES
http://image.loislaw.com/prosite/misc/cfolder.gif ARTICLE 70 HABEAS CORPUS
§ 7009 N.Y.C.P.L.R. Hearing. (a) Notice before hearing. Where the detention is by virtue of a mandate,the court shall not adjudicate the issues in the proceeding until writtennotice of the time and place of the hearing has been served eitherpersonally eight days prior to the hearing, or in any other manner or timeas the court may order, 1. where the mandate was issued in a civil cause, upon the personinterested in continuing the detention or upon his attorney; or, 2. where a person is detained by order of the family court, or by orderof any court while a proceeding affecting him or her is pending in thefamily court, upon the judge who made the order. In all such proceedings,the court shall be represented by the attorney-general; or, 3. in any other case, upon the district attorney of the county in whichthe person was detained when the writ was served and upon the districtattorney of the county from which he was committed. (b) Reply to return. The petitioner or the person detained may deny underoath, orally or in writing, any material allegation of the answeringaffidavits or allege any fact showing that the person detained is entitledto be discharged. (c) Hearing to be summary. The court shall proceed in a summary manner tohear the evidence produced in support of and against the detention and todispose of the proceeding as justice requires. (d) Sickness or infirmity of person detained. Where it is proved to thesatisfaction of the court that the person detained is too sick or infirm tobe brought to the appointed place, the hearing may be held without hispresence, may be adjourned, or may be held at the place where the prisoneris detained. (e) Custody during proceeding. Pending final disposition, the court mayplace the person detained in custody or parole him or admit him to bail asjustice requires.(As amended by Laws 2007, ch. 40, Sec. 1, eff. May 29, 2007.)Amendment Notes: Laws 2007, ch. 40, Sec. 1, eff. May 29, 2007, amended paragraph 2 ofsubdivision (a).
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  #55  
Old 10-09-2010, 07:42 PM
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Quote:
Originally Posted by Gem620 View Post
is there a such thing as a habeas corpus bond
If he wins the petition bail may be set pending determination of the warden's appeal in GA.

9-14-52. (a) Appeals in habeas corpus cases brought under this article
shall. . . .

(a) Appeals in habeas corpus cases brought under this article shall
be governed by Chapter 6 of Title 5 except that as to final orders of
the court which are adverse to the petitioner no appeal shall be
allowed unless the Supreme Court of this state issues a certificate of
probable cause for the appeal.

(b) If an unsuccessful petitioner desires to appeal, he must file a
written application for a certificate of probable cause to appeal with
the clerk of the Supreme Court within 30 days from the entry of the order
denying him relief. The petitioner shall also file within the same period
a notice of appeal with the clerk of the concerned superior court. The
Supreme Court shall either grant or deny the application within a
reasonable time after filing. In order for the Supreme Court to consider
fully the request for a certificate, the clerk of the concerned superior
court shall forward, as in any other case, the record and transcript, if
designated, to the clerk of the Supreme Court when a notice of appeal is
filed. The clerk of the concerned superior court need not prepare and
retain and the court reporter need not file a copy of the original record
and a copy of the original transcript of proceedings. The clerk of the
Supreme Court shall return the original record and transcript to the
clerk of the concerned superior court upon completion of the appeal if
the certificate is granted. If the Supreme Court denies the application
for a certificate of probable cause, the clerk of the Supreme Court shall
return the original record and transcript and shall notify the clerk of
the concerned superior court and the parties to the proceedings below of
the determination that probable cause does not exist for appeal.

(c) If the trial court finds in favor of the petitioner, no certificate
of probable cause need be obtained by the respondent as a condition
precedent to appeal. A notice of appeal filed by the respondent shall act
as a supersedeas and shall stay the judgment of the superior court until
there is a final adjudication by the Supreme Court; provided, however,
that, while such case is on appeal, the petitioner may be released on
bail as is provided in criminal cases except when the petitioner has been
convicted of a crime which the Supreme Court has jurisdiction to consider
on direct appeal. The right to bail and the amount of bond shall be
within the discretion of the judge of the superior court in which the
sentence successfully challenged under this article was originally
imposed.

(Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3; Ga. L.
1975, p. 1143, § 3.)
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  #56  
Old 11-26-2010, 02:03 AM
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When a Writ of Habeas Corpus is sent into the Supreme Court of a state ...what happens step by step from the time it hits the Clerks desk?
How long can I expect to wait before the writ is given a case number?
Is there a time limit?
Then if the writ is seen; how long is the case usually in court before a decision is made?
Thank you so much.
Very worried.
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  #57  
Old 01-17-2011, 07:10 PM
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David, hi I just filed a writ on December 27th for incompetence of counslor they said it would take sixty days. My ground are for my husband, (2 striker) not receiving his police report until the day of sentencing which we feel caused a miscarriage in justice. Not to mention 5 other grounds that counslor failed to do. His charge receicving known stolen motor vehicle., do you think I will get it granted? He already accepted no contest plea under advisement of bunk counsol.
thanks, agape
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  #58  
Old 01-18-2011, 09:08 AM
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My husband's plea transcript said he had 4 years from the date of the plea to file a habeas.



Quote:
Originally Posted by LoveMyLeo View Post
I have not been able to find anything about time frames regarding the Habeas Corpus. My husband filed a Habeas Corpus, and he said that they did not respond in time to it. I do not get to talk to him very often, so could anyone tell me what the next step is or what this means?
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  #59  
Old 01-18-2011, 09:10 AM
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I would like to know if a habeas is granted, what length of time does the DA have to decide if he is going to retry the case?


Quote:
Originally Posted by JurisDoctor View Post
If you ask specific questions I will do my best to help explain it.
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  #60  
Old 01-18-2011, 09:13 AM
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I think so IF it's done within the time frame allowed which I believe is 4 years from the time of conviction. We are currently waiting for a habeas ruling now for my husband. We did initinially file it while he was incarcerated for a probation violation-but grounds have nothing to do with that-but he got out in 7/09 and the case was just heard in Dec 2010.

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Originally Posted by cornered View Post
Can a Habeus be done if the convicted is not incarcerated?
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  #61  
Old 02-22-2011, 07:30 PM
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I am currently waiting a ruling on a Habeas my BF filed 2/2010. Is it normal for it to take this long? I realize there is a lot to consider, but a whole year?
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  #62  
Old 03-03-2011, 03:14 AM
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What are the steps for filing a Habeas Corpus in Texas??

1.You file the Writ with the Trial Court where the defendant got the conviction?
2.The Trial Court decides whether the case is sent to the Court of Appeals?
3.The Court of Appeals makes a finding and sends the case back to the Trial Court for a new trial? At the new trial then everything is back on the table and if convicted again can you get more time??
4. Is this when you file an appeal with the Federal Court to appeal the finding of the Court of Appeals if you didn't get relief from them?
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  #63  
Old 04-01-2011, 05:43 PM
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Quote:
Originally Posted by LavendersGirl View Post
I am currently waiting a ruling on a Habeas my BF filed 2/2010. Is it normal for it to take this long? I realize there is a lot to consider, but a whole year?
I think you should be able to look it up online and see what is going on with it. Have you called the court? Do you know the case number? Sometimes just going to the website of the court and typing in their name you can view their case... good luck. Keep your head up.
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  #64  
Old 04-11-2011, 08:27 PM
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I was under the impression that the habeas corpus was to be filed only the federal court. Can we file at the county court, where the case originated? Should we try that first before going to the federal court? We are in Illinois.

Last edited by cglehigh; 04-11-2011 at 08:27 PM.. Reason: admit state
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  #65  
Old 09-18-2011, 12:36 AM
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Default writ

I was wondering can i file a writ on behave of my fiance and can it be used for excessive incarceration. I was wondering because his metric for the crime he committed in 1981 should have been over at his 17th yr. he has now been incarcerated for 30 years and his crime was robbery. However, he is a black man who was charged and convicted after 2 hung juries by an all white jury. He has exhausted his appeals, and as you can see the lawyer wasn't on his side either. He received 7 to life with possible parole hummmmmmmmm. Sounds a little excessive to me. Anyway his mother passed in 08 and she was assisting him, so now all he has is me and this fight is not just because i love him but because it is excessive. He also continues to be denied parole everytime and has now been in Ad Seq for nearly a year because of the 1030 clause in the California Title 15 that says if confidential information is giving to and officer via an inmate they can be held for 90 days pending investigation, and it seems that everytime it was time to get out another CI came up. Then one finally held him stating he was in fear of him coming back to the yard, so now he is up for transfer but they want to move him but it is close to the Oregon boarder and I live in Long Beach, CA. I would only see him maybe twice a year. Can anyone give me some help as to where i need to go from here? please desperate.
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  #66  
Old 09-18-2011, 01:13 PM
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I am trying to get involved with changing the SEX OFFENDER laws in tennessee (actually all over) I am needing advice as where to begin. New to this and I am so APPALLED at people being labeled sex offenders and they just peed in public and then the statutory rape laws are OUT OF CONTROL. I need help and would love to know if there are any people on this site fighting to change these laws.
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  #67  
Old 02-01-2012, 02:32 PM
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Hello,

I have a question for anyone who can answer this. What does a person do with an issue if they've exhausted their habeas corpus and they have an issue of an unsworn witness?

Thanks in advance
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  #68  
Old 02-07-2012, 12:55 PM
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Default Illegal stop and searches in the UK

Lets say a police officer here in the UK sees you and just doesn't like the look of you, but doesn't have reasonable grounds to suspect you are committing an offence. If he stops and searches you under the Misuse of Drugs Act and finds a class A substance such as cocaine and arrests you, can you get the charges if any are made, dismissed? As far as I know this is not possible. But if it isn't, what's the point in making a stop and search illegal if they police can get away with it anyway?

Or have I got my facts wrong? Can you defend yourself against a charge because the stop and search was illegal in the UK (not the US because things are different).
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  #69  
Old 02-23-2013, 05:47 PM
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Smile Habeas, Other Writs, General Advice

many people in this thread are curious about habeas corpus; this writ is a specific one and must be used sparingly.

it means, "bring forth the body" and is the most sacred writ available to incarcerated persons. it is important to remember, however, that if you think you're going to get before a judge with this motion to reduce your sentence, think again.

filing a illegitimate habeas petition will accomplish one thing--making the judge furious. i did this writ for a fellow inmate at county, and the judge came down to the jail himself, and he was hot.

the motion you need is called "post conviction relief" and it's one you can file yourself. check it out and get advice via the law library.

another very useful motion is "summary judgement" and it's worked miracles for me and others. after i was sentenced, my state changed the sentencing law. fortunately for me, i was smart enough to tell my pretender at sentencing that i wanted to appeal, immediately, for excessive sentence.

while under appeal, as stated, the law changed much more favorably for parole, especially. i lost my appeal, but it didn't matter--what matters is that my case wasn't "final" until the appellate court made it's decision. this tactic cut 4 months off my parole, which was fantastic.

after my release, i called the DOC and asked for the director himself. THIS IS KEY--whenever you deal with DOC on an administrative regulation, ask for the boss, period. believe me, you won't talk to him, but they will get you to someone who knows what time it is.

i spoke with the head records official for the state. i said, "hey, i've got this appeal here" and clearly explained the case law i found at the law library. he said, "yes, you are correct. we will make the changes to your sentence". that's it--he knew i wasn't an idiot and knew what i was talking about. if you're not articulate, get a friend or someone who is and have them make the call for you. this is perfectly legal and fine.

yet another nugget of gold is what's called "forma pauperis" and these are the magic words to get all of you legal filing fees waived.
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