Also known as:habeas corpus actions · habeas corpus · writ of habeas corpus
Written by attorneys · grounded in primary & secondary sources — see below
A judicial proceeding in which a court reviews the legality of a person's detention by the government. The proceeding compels the custodian to justify continued custody or face an order directing release.
Sources & Authorities
How it applies
Common Examples
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Detainee Challenges Inadequate Substitute
Harold Hunt, a foreign national held indefinitely at a naval facility after seizure during overseas operations, faced a statute routing all challenges to a secret financial review commission that relied solely on redacted data and lacked power to order release. Hunt filed a habeas corpus action in federal district court. The court granted relief because the commission failed to permit contest of the detention authority, factual findings, or new exculpatory evidence.
Suspension Attempt During Rebellion
Hassan Hakim, detained by federal authorities amid widespread civil unrest labeled a rebellion, petitioned for a writ through a habeas corpus action. Congress had enacted a statute purporting to suspend the writ for the duration of the unrest. The court examined whether public safety truly required the suspension before denying the government's motion to dismiss the action.
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Cases
Statutes
Federal Rules
Model Codes
Restatements
Hornbooks
Study Supplements
Life Sentence Proportionality Review
Hector Hernandez, serving a life term without parole under a state recidivist statute for a minor check offense, initiated a habeas corpus action claiming the sentence violated the Eighth Amendment. The federal court considered the gross disproportionality of the punishment relative to the crime and prior offenses before granting relief.
Solem v. Helm463 U.S. 277, 279, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983)
Ineffective Assistance Collateral Attack
Hope Howard, convicted after a guilty plea in a capital case, filed a habeas corpus action alleging counsel failed to investigate mitigating evidence during sentencing. The district court conducted an evidentiary hearing to determine whether the deficient performance prejudiced the outcome before denying relief.
Strickland v. Washington466 U.S. 668 (1984)
Burden Shift on Malice Element
Hilda Hernandez, convicted of murder after the trial court required her to prove heat of passion by a preponderance to reduce the charge, brought a habeas corpus action. The federal court held that shifting the burden on an essential element of the offense violated due process and ordered a new trial.
Mullaney v. Wilbur421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975)
Self Incrimination Privilege Invocation
Hannah Hughes, held in state custody for refusing to answer questions before a grand jury, sought release through a habeas corpus action. The court determined whether the Fifth Amendment privilege applied via the Fourteenth Amendment and ordered her discharge when the state failed to grant immunity.
Malloy v. Hogan378 U.S. 1 (1964)
Common questions
Frequently Asked
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What must a substitute procedure include to satisfy the Suspension Clause when habeas is withdrawn for enemy combatants?+
A meaningful substitute must allow the detainee to challenge the legal authority for indefinite detention, contest the government's factual findings, introduce exculpatory evidence discovered after the initial proceedings, and obtain an order of release if the detention is unlawful.
Supporting sources
When may Congress suspend the writ of habeas corpus under the Constitution?+
Congress may suspend the writ only in cases of rebellion or invasion when public safety requires it. Any other attempt to withdraw the writ without a valid suspension or adequate substitute violates the Suspension Clause.
Supporting sources
Does a paper-only internal review board qualify as an adequate habeas substitute?+
No. A procedure limited to paper review of an existing file, without counsel, live testimony, cross-examination, or the ability to present new exculpatory evidence or seek release, fails to provide the meaningful review required by the Suspension Clause.
Supporting sources
369 U.S. 186, 211Constitutional Law
…maintained in his dissent. Id. , at 59 et seq. Today we would ask with him: ". . . who could hold for a moment, when the writ of habeas corpus cannot be suspended by the legislature itself, either in the general government or most of the States, without an express constitutional permission, that all other writs and laws could be…