Also known as: writ of habeas corpus · habeas
Written by attorneys · grounded in primary & secondary sources — see below
A writ employed to bring a person before a court so that the legality of the person's detention may be examined. The writ tests whether custody rests on lawful authority and permits the court to order release when the detention violates constitutional or statutory limits.
Hiroshi Hasegawa, a foreign national seized at sea and held on a U.S. platform, petitions for the writ after a statutory board refuses to reopen factual findings or consider new crew testimony. The court grants the writ because the board cannot test the executive's detention authority or order release. Hasegawa obtains review that allows him to contest the basis for indefinite confinement.
Hannah Hughes, a U.S. citizen arrested for alleged sabotage during a declared invasion, seeks the writ after Congress passes a statute purporting to suspend it. The court examines whether the public-safety condition for suspension is met and restores access to the writ when the statute exceeds constitutional bounds. Hughes obtains a hearing on the legality of her detention.
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Hana Huang, convicted after a guilty plea, files the writ in federal court alleging her trial lawyer failed to investigate exculpatory witnesses. The court applies the performance-and-prejudice test to decide whether counsel's errors undermined the outcome. Huang receives an evidentiary hearing that may lead to relief from custody.
Hugo Hart, jailed for violating a land-use ordinance later held to effect a temporary taking, petitions for the writ to challenge the continued validity of his sentence. The court considers whether the regulatory action requires compensation that would moot the detention. Hart obtains review that may terminate his custody.
Hector Huerta, imprisoned after a state court enters an enormous punitive judgment, seeks the writ claiming the award violates due process limits. The federal court examines whether the state proceedings produced a fundamentally unfair result. Huerta obtains review that may vacate the sentence.
Hannah Hale, serving a life sentence after a state murder conviction that shifted the burden on malice, petitions for the writ asserting a due process violation. The court assesses whether the instructional error had a substantial injurious effect on the verdict. Hale receives review that may result in a new trial or release.
A substitute must permit the detainee to challenge the executive's authority to detain, contest factual findings, introduce newly discovered exculpatory evidence, and obtain an order for release if the detention is unlawful.
Congress may suspend the writ only in cases of rebellion or invasion when public safety requires it.
Yes. Significant restraints on liberty such as probation or parole satisfy the custody requirement even though the person is not physically incarcerated.
No. Once the sentence for the challenged conviction has expired, the petitioner is no longer in custody on that conviction even if the conviction later enhances another sentence.
Yes. The prisoner is treated as in custody on all consecutive sentences, allowing a challenge to the earlier conviction while still incarcerated under the later one.
…Corp. , 331 U. S. 218 (1947); Cipollone v. Liggett Group, Inc. , 505 U. S. 504 (1992), and many of the rules governing our habeas jurisprudence, see, e. g. , Coleman v. Thompson , 501 U. S. 722 (1991); McCleskey v. Zant , 499 U. S. 467 (1991); Teague v. Lane , 489 U. S. 288 (1989); Rose v. Lundy , 455 U. S. 509…