Also known as:habeas corpus · writs of habeas corpus · habeas corpus writ
Written by attorneys · grounded in primary & secondary sources — see below
A judicial writ directing a custodian to produce a detained person before a court and justify the legal basis for the detention. The writ enables review of the legality of custody and may result in an order of release when the detention lacks proper authority.
Sources & Authorities· 16 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Model Codes
Restatements
Casebooks
Hornbooks
Course Outlines
Study Supplements
How it applies
Common Examples
6
Inadequate Substitute for Detainee Review
Walter Washington, a foreign national held at a remote military facility as an alleged enemy combatant, faces a statute that bars all federal habeas petitions and routes review solely to an internal defense board. The board relies on classified materials, bars counsel and new evidence, and lacks power to order release. Washington petitions in district court, asserting that the board fails to permit a challenge to the executive's detention authority or the factual findings supporting his status.
Suspension During Invasion
Winston Ward, a citizen detained by federal authorities during an armed invasion of coastal states, learns that Congress has suspended the writ by statute citing public safety needs. Ward's counsel files a habeas petition arguing that the invasion has ended and the suspension no longer satisfies constitutional conditions. The district court must determine whether the privilege remains unavailable.
Habeas in Martial Law Challenge
Wilma Wright, arrested under a state martial law declaration after civil unrest, petitions for habeas corpus to test whether the military tribunal that sentenced her possessed lawful authority. The state argues the claim presents a nonjusticiable political question. The court considers whether the writ may still reach the legality of the detention despite the emergency measures.
Burden Allocation on Collateral Review
Wanda Weaver, convicted of murder in state court, seeks federal habeas relief claiming the state improperly shifted the burden on an element of the offense. The petition argues that the allocation violated due process. The federal court evaluates whether the state procedure comports with constitutional requirements when the conviction is collaterally attacked.
Ineffective Assistance via Habeas
Wayne Walker, sentenced to death after a state trial, petitions for federal habeas corpus alleging that trial counsel failed to investigate mitigating evidence. The petition claims the deficient performance prejudiced the outcome. The court applies the two-part test to decide whether the conviction must be vacated.
Proportionality Review on Habeas
Winston West, serving a life sentence without parole for a nonviolent repeat offense under state law, files a habeas petition asserting that the sentence constitutes cruel and unusual punishment. The petition challenges the proportionality of the penalty relative to the crime. The federal court assesses whether the sentence violates the Eighth Amendment on collateral review.
Common questions
Frequently Asked
5
What conditions permit Congress to suspend the writ of habeas corpus?+
The Suspension Clause permits suspension only in cases of rebellion or invasion when public safety requires it. Outside those narrow circumstances the privilege remains available and Congress may not categorically eliminate access without an adequate substitute.
Supporting sources
What must a substitute procedure provide to satisfy constitutional requirements for enemy combatant detainees?+
Any substitute must allow the detainee to challenge the executive's authority to detain indefinitely, contest the factual findings underlying the detention, introduce exculpatory evidence discovered after the initial proceedings, and seek release. A process lacking these features is not an adequate substitute.
May a federal court reach the merits of a habeas petition raising ineffective assistance of counsel?+
Yes. Federal habeas corpus is available after exhaustion of state remedies to review claims that a conviction rests on a violation of constitutional rights, including ineffective assistance under the Strickland standard.
Supporting sources
Does the in-custody requirement for habeas relief extend to persons on parole or probation?+
Yes. A person subject to significant restraints on liberty such as parole, probation, or bail satisfies the custody requirement even though not physically incarcerated.
Supporting sources
Is there a constitutional right to appointed counsel in state habeas proceedings?+
No. The Constitution does not require states to provide counsel to indigent prisoners in post-conviction collateral proceedings such as habeas corpus.
habeas corpus
a district judge and a court of appeals might agree. Yet, in these circumstances, this Court, reviewing the case as much as 10 years later, might reverse by a narrow margin. In these…
on the grounds of ineffective assistance of counsel. Rummel v. Estelle, 498 F. Supp. 793 (WD Tex. 1980). Rummel then pleaded guilty to theft by false pretenses and was sentenced to time…
Civil ProcedurePretrial procedures · Discovery (including e-discovery), disclosure, and sanctionsUBEFoundational