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The Rutherford Institute :: Habeas Corpus

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What Is a Writ of Habeas Corpus? When Is It Used?

The law requires a certificate of appealability from a circuit judge or justice before a petitioner may appeal from denial of relief.

  • The time starts running at the conclusion of direct review or expiration of time for seeking such review.

  • 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.




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