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  #26  
Old 11-29-2006, 12:40 AM
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i think i will need to print this out and read it very slowly...lol but yes thank you
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  #27  
Old 11-29-2006, 10:53 AM
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Yes, great idea. I send him a copy of it also, he added his input and I did the same...it helps when you work together. Good Luck, I am in the process myself still so I will try to keep you posted on the progress.
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  #28  
Old 10-22-2008, 10:03 AM
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Red face we need help with a writ and cant find any help

my husband is a registered sex offened. he did 10 years. now he was out for 3 and they gave him 30 months for not reporting his job in 7 days. he did report it though. we have no documentation that it was to be reported. in texarkana a man just got released with a writ on the same circumstances. we dont know where to turn. please help. we have only been married a short time but have known each other our entire life. thanks yvette email address removed PTO policy

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  #29  
Old 10-30-2008, 11:44 PM
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Originally Posted by jimmywrkmn View Post
my husband is a registered sex offened. he did 10 years. now he was out for 3 and they gave him 30 months for not reporting his job in 7 days. he did report it though. we have no documentation that it was to be reported. in texarkana a man just got released with a writ on the same circumstances. we dont know where to turn. please help. we have only been married a short time but have known each other our entire life. thanks yvette email address removed PTO policy
A writ like this would argue that he was denied Due Process when the determination was made that he violated parole. For instance if there was some proof that the allegation was in fact false, and that information wasn't considered, then he could present that information via a writ.
In the future, I'd suggest sending many verification letters to his parole file. "Dear parole officer, This is just to verify that..." Letters in the file are gold if there's an allegation of technical violation in the future.
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  #30  
Old 11-15-2008, 10:08 AM
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Quote:
Originally Posted by SUSIEQ View Post
Where and how can I get all the info. in regards to Habeus Corpus, regarding Time Restraints.Because isn't there time lines as to when an inmate can file appeals? I'm trying to get all this info for my husband because he's having a hard time getting to law library up in the Bay. Can't I get all this info online? Please let me know,asap. Thanks Susie
To start off with, if your husband is having trouble getting to the law library, tell him to write to the local court, state supreme court and federal court. Tell them he is being denied his right to appeal and if they don't help, file a hand written petition for a writ of habeas corpus, stating he is being denied 'equal protection' and 'due process 'of the law. Explain that he is unable to provied a typed or notorized petition without access to the prison law library. There is a time limit to filing an appeal but there is no time limit to filing a petition for a writ of habea corpus
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  #31  
Old 11-28-2008, 11:02 PM
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All this is confusing, can someone please "break-it-down"? Thanks
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  #32  
Old 12-10-2008, 11:44 AM
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All this is confusing, can someone please "break-it-down"? Thanks
If you ask specific questions I will do my best to help explain it.
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  #33  
Old 12-25-2008, 11:23 PM
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Has any prisoner been set free due to Habeas Corpus?
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  #34  
Old 12-26-2008, 08:59 AM
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Has any prisoner been set free due to Habeas Corpus?
Yes.
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  #35  
Old 01-01-2009, 08:07 AM
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I don't speak Chinese but if I did I doubt I could understand that jungle talk.
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  #36  
Old 02-13-2009, 08:37 PM
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Default Do Congressmen/women, ever give any help

Hi, I wrote a letter to A congressman and they said I had a good chance that they could help me. Unfortunatly the Gongressmans sister-in-law was one of the joures on my husbands case. they said it would be a conflict of interest so they could not help me. They told me to write to the senator of our state. Has any of these people ever helped with getting someone home or there sentence reduced?
Thanks For any help you can give me,
Linnette
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  #37  
Old 02-25-2009, 02:35 AM
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i have heard that elected officials sometimes help with these things. it might be good to word ur letter so u make it clear the congressman referred u in this matter and that he wanted to help you before he learned of the conflict. for sure mentioning his name should at least get u an answer. it might matter if the senator u write to is the same party?

here is how to contact ur senator:
http://www.senate.gov/general/contac...nators_cfm.cfm
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  #38  
Old 03-23-2009, 04:25 PM
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Dave I have a son who is mental impaired and was sent back to prison. This system has taken advantage of him. He was a young person at 19 years old given 25 years for auto theft and I recent learned that was just a state jail felony time but the court system gave a mental impaired defendant without a lawyer that kind of sentence. Then while in prison he was beaten very bad by the guard which has caused him permanent brain damage. The Texas parole had parole him out but he would change his address monthly and so then they sent him to a halfway house this past Feb. 11, 2009 knowing that this Ben Reid would get him violated.
This place has caused him to be blue warrant issue over 8 times from May 2005 to present.
Now, what I want to do is go back to Federal and attack this sentence to get him off of parole due to his mental condition which is very severe. He is a schizophrenia and with this Oragnic Brain damages plus other medical conditions.
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  #39  
Old 04-08-2009, 10:32 PM
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What is the difference between a Writ of Certiorari and a Writ of Habeus Corpus?
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  #40  
Old 04-09-2009, 11:56 AM
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Quote:
Originally Posted by cornered View Post
What is the difference between a Writ of Certiorari and a Writ of Habeus Corpus?
Habeas Corpus is used in modern-day America to challenge the continued detention of a particular defendant.

Certiorari is used in modern-day America to ask the Supreme Court to take a look at your case.
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  #41  
Old 04-11-2009, 04:28 PM
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With habeus corpus can u ask for a bond reduction?
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  #42  
Old 09-20-2009, 11:00 PM
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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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  #43  
Old 10-06-2009, 07:58 PM
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well, it seems there is maybe different versions and rules of habeas corpus depending if it's Federal or particular States. so what you need to do is consult info for your situation.

u can get info from lawyers If they are current and competent or u can do the research yourself. like to law website(s). you can get help from Law Librarian sometimes; called their Help Desk usually. they might direct you if you are stuck.

maybe you are going to be looking at recent precedents in addition to the raw law it's self.

so, what i would do is, go to a few pro bono lawyers in Indiana and ask. and meantime be trying to get an idea myself from the libraries.

here is a thread about pro bono lawyers; i recommend reading last post(s) first:
http://www.prisontalk.com/forums/sho...t=12121&page=5

law library thread with various links throughout including some to help desks:
http://www.prisontalk.com/forums/sho...d.php?t=317218

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  #44  
Old 10-06-2009, 09:05 PM
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Can a Habeus be done if the convicted is not incarcerated?
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  #45  
Old 10-12-2009, 09:29 PM
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i personally only looked a little at the law and so far it seems directed at Letting people Out. so if there is some way it would apply to someone Already Out, idk. but even if it does, it also seems likely that there may be some Other procedure that would apply to you more.
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  #46  
Old 02-18-2010, 05:43 PM
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is there a such thing as a habeas corpus bond
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  #47  
Old 02-20-2010, 12:47 AM
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Default Habeus Corpus

My husband has a Habeus Corpus case going on right now. The juror knew the prosacuting decetive and did not tell the judge until my husbands sentence was do to be read. He has a case on that. How long do they take. We are waiting for the Magasterate Judge to look at it then the Judge. I have cancer and really could use him home if he wins.But we are not sure how long this all takes. This has been going on since 2008. Any help you can give me would be greatly appreciated.
Linnette


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  #48  
Old 08-25-2010, 09:03 AM
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my nephew needs help in filing a appeal in the state of florida, he is mentally challenged, and gullible I know a little but not enough to give him any sound direction can anyone offer me any sound advice, I know this isnt awhole lot of information,so I would appreciate if some one would talk with me so that I could answer and or ask the question that i need to ask
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  #49  
Old 08-27-2010, 08:36 AM
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If you want to PM me with your specific question, I will try to answer or point you in the right direction.
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  #50  
Old 10-05-2010, 04:30 PM
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Default Is a writ the right thing to do?

Hi there! Very new here, 1st day actually and I have so many questions, but to start my bf is locked up in Michigan facing a 2 year sentence for possession of a gun and he is a convicted felon out of FL. Although FL was many years ago (he served less than 6 months as he was very young and boot camp was an option), in 2008 he was convicted of robbery, not armed and sentenced to 60 days to 23 months in a Westmoreland, PA. He served the 60 days and was released. However since then he moved to MI and violated his parole and now has a warrant for his arrest in PA, although he is incarcerated in MI as we speak. My question is this; he would like me to certify his writ of habeas to PA because he thinks that given that, they will only have so much time to serve him?? he also thinks that he will be able to serve his time concurrent between the states? Is this the right procedure or should we be doing something else? I have called the detective from PA 3x, but no response. When you pull the PA record it says warrant, yet it says closed. However 2 detectives went to his mother's home in MD looking for him last week. I just want to help the guy out as much as I can. Any suggestions on getting the two states to work together so that he can serve his time concurrently?

Thank you everyone for all your help

Quote:
Originally Posted by David View Post
STONE V POWELL 428 U.S. 465 (1976)
Were federal courts obligated to consider claims of illegal searches and seizures after such claims had been decided by state courts? (Contains a history of this historical writ)


HABEAS CORPUS, remedies A writ of habeas corpus is an order in writing, signed by the judge who grants the same, and sealed with the seal of the court of he is a judge, issued in the name of the sovereign power where it is granted, by such a court or a judge thereof, having lawful authority to issue the same, directed to any one having a person in his custody or under his restraint, commanding him to produce, such person at a certain time and place, and to state the reasons why he is held in custody, or under restraint.


2. This writ was it common law considered as a remedy to remove the illegal restraint on a freeman. But anterior to the 31 Charles II. its benefit was, in a great degree, eluded by time-serving judges, who awarded it only in term time, and who assumed a discretionary power of awarding or refusing it. 3 Bulstr. 23. Three or four years before that statute was passed there had been two very great cases much agitated in Westminster Hall, upon writs of habeas corpus for private custody, viz: the cases of Lord Lei-ah: 2 Lev; 128; and Sir Robert Viner, Lord Mayor.of London. 3 Keble, 434, 447, 470, 504; 2 Lev. 128; Freem. 389. But the court has wisely drew the line of distinction between civil constitutional liberty, as opposed to the power of the crown, and liberty as opposed to the violence and power of private persons. Wilmot's Opinions, 85, 86.


3. To secure the full benefit of it to the subject the statute 81 Car. II. c. 2, commonly calfed the habeas corpus act, was passed. This gave to the. writ the vigor, life, and efficacy requisite for the due protection of the liberty of the subject. In England this. is considered as a high prerogative writ, issuing out of the court of king's bench, in term time or vacation, and running into every part of the king's dominions. It is also grantable as a matter of right, ex debito justitae, upon the application of any person.


4. The interdict De homine libero exhibendo of the Roman law, was a remedy very similar to the writ of habeas corpus. When a freeman was restrained by another, contrary to good faith, the praetor ordered that such person should be brought before him that he might be liberated. Dig. 43, 29, 1.


5. The habeas corpus act has been substantially incorporated into the jurisprudance of every state in the Union, and the right to the writ has been secured by most of the constitutions of the states, and of the United States. The statute of 31 Car. II. c. 2, provides that the person imprisoned, if he be not a prisoner convict, or in execution of legal process, or committed for treason or felony, plainly expressed in the warrant, or has not neglected wilfully, by the space of two whole terms after his imprisonment, to pray a habeas corpus for his enlargement, may apply by any one in his behalf, in vacation time, to a judicial officer for the writ of habeas corpus, and the officer, upon view of the copy of the warrant of commitment, or upon proof of denial of it after due demand, must allow the writ to be directed to the person in whose custody the party is detained, and made returnable immediately before him. And, in term time, any of the said prisoners may obtain his writ of habeas corpus, by applying to the proper court.


6. By the habeas corpus law of Pennsylvania, (the Act of February 18, 1785,) the benefit of the writ of habeas corpus is given in "all cases where any person, not being committed or detained for any criminal, or supposed criminal matter," Who "shall be confined or restrained of his or her liberty, under any color or pretence whatsoever." A similar provision is contained in the habeas corpus act of New York. Act of April 21, 1818, sect. 41, ch. 277.


7. The Constitution of the United State art. 1, s. 9, n. 2, provides, that " the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it and the same principle is contained in many of the state constitutions. In order still more to secure the citizen the benefit of this great writ, a heavy penalty is inflicted upon the judges who are bound to grant it, in case of refusal.


8. It is proper to consider, 1. When it is to be granted. 2. How it is to be served. 3. What return is to be made to it. 4. The bearing. 5. The effect of the judgment upon it.


9. - 1. The writ is to be granted whenever a person is in actual confinement, committed or detained as aforesaid, either for a criminal charge, or, as in Pennsylvania and New York, in all cases where he is confined or restrained of his liberty, under any color or pretence whatsoever. But persons discharged on bail will not be considered as restrained of their liberty so as to be entitled to, a writ of habeas corpus, directed to their bail. 3 Yeates, R. 263; 1 Serg & Rawle, 356.


10. - 2. The writ may be served by any free person, by leaving it with the person to whom it is directed, or left at the gaol or prison with any of the under officers, under keepers, or deputy of the said officers or keepers. In Louisiana, it is provided, that if the person to whom it is addressed shall refuse to receive the writ, he who is charged to serve it, shall inform him of its contents; if he to whom the writ is addressed conceal himself, or refuse admittance to the person charged to serve it on him, the latlat shall affix the order on the exterior of the place where the person resides, or in which the petitioner is so confined. Lo. Code of Pract. art. 803. The service is proved by the oath of the party making it.


11. - 3. The person to whom the writ is addressed or directed, is required to make a return to it, within the time prescribed; he either complies, or he does not. If, he complies, he must positively answer, 1. Whether he has or has not in his power or custody the person to be set at liberty, or whether that person is confined by him; if he return that he has not and has not had him in his power or custody, and the return is true, it is evident that a mistake was made in issuing the writ; if the return is false, he is liable to a penalty, and other punishment, for making such a, false return. If he return that he has such person in his custody, then he must show by his return, further, by what authority, and for what cause, he arrested or detained him. If he does not comply, he is to be considered in contempt of the court under whose seal the writ has been issued, and liable to a severe penalty, to be recovered by the party aggrieved.


12. - 4. When the prisoner is brought, before the judge, his judicial discretion commences, and he acts under no other responsibility than that which belongs to the exercise of ordinary judicial power. The judge or court before whom the prisoner is brought on a habeas corpus, examines the return and Papers, if any, referred to in it, and if no legal cause be shown for the imprisonment or restraint; or if it appear, although legally committed, he has not been prosecuted or tried within the periods required by law, or that, for any other cause, the imprisonment cannot be legally continued, the prisoner is discharged from custody. In the case of wives, children, and wards, all the court does, is to see that they ire under no illegal restraint. 1 Strange, 445; 2. Strange, 982; Wilmot's Opinions, 120.


13. For those offences which are bailable, when the prisoner offers sufficient bail, he is to be bailed.


14. He is to be remanded in the following cases: 1. When it appears he, is detained upon legal process, out of some court having jurisdiction of criminal matters, 2. When he is detained by warrant, under the hand and seal of a magistrate, for some offence for which, by law, the prisoner is not bailable. 3. When he is a convict in execution, or detained in execution by legal civil process. 4. When he is detained fora contempt, specially and plainly charged in the commitment, by some existing court, having authority to commit for contempt. 5. When he refuses or neglects to give the requisite bail in a case bailable of right. The judge is not confined to the return, but he is to examine into the causes of the imprisonment, and then he is to discharge, bail, or remand, as justice shall require. 2 Kent, Com. 26; Lo. Code of Prac. art. 819.


15. - 5. It is provided by the habeas corpus act, that a person set at liberty by the writ, shall not again be imprisoned for the same offence, by any person whomsoever, other than by the legal order and process of such court wherein he shall be bound by recognizance to appear, or other court having jurisdiction of the cause. 4 Johns. R. 318; 1 Binn. 374; 5 John. R. 282.


16. The habeas corpus can be suspended only by authority of the legislature. The constitution of the United States provides, that the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of invasion and rebellion, the public safety may require it. Whether this writ ought to be suspended depends on political considerations, of which the legislature, is to decide. 4 Cranch, 101. The proclamation of a military chief, declaring martial law, cannot, therefore, suspend the operation of the law. 1 Harr. Cond. Rep. Lo. 157, 159 3 Mart. Lo. R. 531.


17. There are various kinds of this writ; the principal of which are explained below.


18. Habeas corpus ad deliberandum et recipiendum, is a writ which lies to remove a prisoner to take his trial in the county where the offence was committed. Bac. Ab. Habeas Corpus, A.


19. Habeas corpus ad faciendum et recipiendum, is a writ which issues out of a court of competent jurisdiction, when a person is sued in an inferior court, commanding the inferior judges to produce the body of the defendant, together with the day and cause of his caption and detainer, (whence this writ is frequently denominated habeas corpus cum causa) to do and receive whatever the court or the judge issuing the writ shall consider in that behalf. This writ may also be issued by the bail of a prisoner, who has been taken upon a criminal accusation, in order to surrender him in his own discharge; upon. the return of this writ, the court will cause an exoneretur to be entered on the bail piece, and remand the prisoner to his former custody. Tidd's Pr. 405; 1 Chit. Cr. Law, 182.


20. Habeas corpus ad prosequendum, is a writ which issues for the purpose of removing a prisoner in order to prosecute. 3 Bl. Com. 130.


21. Habeas corpus ad respondendum, is a writ which issues at the instance of a creditor, or one who has a cause of action against a person who is confined by the process of some inferior court, in order to remove the prisoner and charge him with this new action in the court above. 2 Mod. 198; 3 Bl. Com. 107.


22. Habeas corpus ad satisfaciendum, is a writ issued at the instance of a plaintiff for the purpose of bringing up a prisoner, against whom a judgment has been rendered, in a superior court to charge him with the process of execution. 2 Lill. Pr. Reg. 4; 3 Bl. Com. 129, 130.


23. Habeas corpus ad subjiciendum, by way of eminence called the writ of habeas corpus, (q. v.) is a writ directed to the person detaining another, and commanding him to produce the body of the prisoner, with the day and cause of his caption and detention, ad faciendum, subjiciendum, et recipiendum, to do, submit to, and receive, whatsoever the judge or court awarding such writ shall consider in that behalf. 3 Bl. Com. 131; 3 Story, Const. 1333.


24. Habeas corpus ad testificandum, a writ issued for the purpose of bringing a prisoner, in order that he may testify, before the court. 3 Bl. Com. 130.


25. Habeas corpus cum causa, is a writ which may be issued by the bail of a prisoner, who has been taken upon a criminal accusation, in order to render him in their own discharge. Tidd's Pr. 405. Upon the return of this writ the court will cause an exoneretur to be entered on the bail piece, and remand the defendant to his former custody. Id. ibid.; 1 Chit. Cr. Law 132. Vide, generally, Bac. Ab. h. t.; Vin. Ab. h. t.; Com. Dig. h. t.; Nels. Ab. h. t.; the various American Digests, h. t.; Lo. Code of Prac. art. 791 to 827; Dane's Ab. Index, h. t.; Bouv. Inst. Index, h. t.



- Bouvier's Law Dictionary (1856)
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