habeas corpus

/heybiyas korpas/heybiyz/. Lat. (You have the body.) The name given to a variety of writs (of which these were anciently the emphatic words), having for their object to bring a party before a court or judge. In common usage, and whenever these words are used alone, they are usually understood to mean the habeas corpus ad subjiciendum (see infra). U. S. v. Tod, 263 U.S. 149, 44 S.Ct. 54, 57, 68 L.Ed. 221.

The primary function of the writ is to release from unlawful imprisonment. People ex rel. Luciano v. Murphy, 160 Misc. 573, 290 N.Y.S. 1011.

The office of the writ is not to determine prisoner's guilt or innocence, and only issue which it presents is whether prisoner is restrained of his liberty by due process. Ex parte Presnell, 58 Okl.Cr. 50, 49 P.2d 232.

A form of collateral attack. An independent proceeding instituted to determine whether a defendant is being unlawfully deprived of his or her liberty. It is not an appropriate proceeding for appeal-like review of discretionary decisions of a lower court. Sheriff, Clark County v. Hatch, 100 Nev. 664, 691 P.2d 449, 450.

For federal habeas corpus procedures, see 28 U.S.C.A. No. 2241 et seq.

Initially, the writ only permitted a prisoner to challenge a state conviction on constitutional grounds that related to the jurisdiction of the state court. But the scope of the inquiry was gradually expanded, and Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837, concluded that the writ now extends to all constitutional challenges.

See also post-conviction remedies with respect to review of sentence of federal prisoner