Not exact matches
Amazon This anthology contains great «stories» by Synchronic authors Samuel Peralta («Liberty:
Seeking a Writ of
Habeas Corpus for a Non-human Being») and Jason Gurley, as well as Michael J. Sullivan, Tobias S. Buckell, and more... (Edited by John Joseph Adams) HELP FUND MY ROBOT ARMY!!!
But whether a being has the right to
seek release from confinement through
habeas corpus should not be treated as a simple either / or proposition, he said.
Thirty months ago, the Supreme Court held that those detainees were entitled to
seek such
habeas relief.
«Sixty months ago, the first of the Guantanamo detainees arrived at Guantanamo and began filing
habeas petitions
seeking release from detention.
Finally, they brought a
habeas corpus action in the Connecticut Superior Court, alleging violations of his constitutional rights and
seeking compassionate and / or medical parole.
The third is an appeal from an order dismissing a writ of
habeas corpus by which a discharge was
sought from a later commitment for a similar contempt.
The Respondents filed applications for
habeas corpus with the Superior Court and
sought a declaratory judgment based, inter alia, on s. 7 of the Charter.
He brings a
habeas corpus application and
seeks damages under s. 24 (1) as a remedy for alleged breaches of his ss.
The primary purpose of a civil action
seeking a writ of
habeas corpus is to collaterally attack the validity of someone's incarceration in a jail or prison.
It is also possible, but very rare, to bring a civil action
seeking a writ of
habeas corpus to determine if someone held in the custody of a private person (e.g. a child in the care of an adult, or a person in a mental institution) is being held lawfully.
Courts in which one could
seek redress from allegedly unlawful detention using a writ of
habeas corpus simply don't act that fast, and Congress would be hard pressed to act that fast as well.
It typically takes six or seven years to attempt because all other options must be exhausted procedurally before a federal civil action
seeking a writ of
habeas corpus is authorized.
Some states had direct appeals of criminal convictions earlier than this but the writ of
habeas corpus does precede a direct appeal as a form of relief from a wrongful criminal conviction historically and was the primary means by which one could obtain relief from a criminal conviction in 1789 when the U.S. Constitution, which preserved the right to
seek a writ of
habeas corpus even before the Bill of Rights added most other new criminal procedure rights under the constitution, was adopted.
Until the 1890s, there were no direct appeals of criminal convictions and the only way that you could appeal a criminal conviction was via a civil action
seeking a writ of
habeas corpus.
For example, the writ of
habeas corpus has been
sought to
seek the release of people held as «enemy combatants» rather than pursuant to a criminal conviction.
The Court of Appeal has stated clearly that, where Charter damages are
sought for an alleged illegal detention, they are to be
sought through standalone Charter applications or by way of an action, and not as part of a
habeas corpus application.