Difference between revisions of "Right to Habeas Corpus"

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===United States===
 
===United States===
  
 
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#He is in custody under or by color of the authority of the United States or is committed for trial before some court thereof; or
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#He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or
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#He is in custody in violation of the Constitution or laws or treaties of the United States; or
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#He, being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or
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#It is necessary to bring him into court to testify or for trial.
  
 
The Antiterrorism and Effective Death Penalty Act of 1996 limited the use of the federal writ by imposing several requirements on the defendant:  
 
The Antiterrorism and Effective Death Penalty Act of 1996 limited the use of the federal writ by imposing several requirements on the defendant:  
 
# a one-year statute of limitations
 
# a one-year statute of limitations
 
# dramatic increase in the federal judiciary's deference to decisions previously made in state court proceedings either on direct appeal from the conviction and sentence, or in a state court habeas corpus action and the associated second round of state appeal (both of which, in the usual case, occur before a federal habeas petition is filed).
 
# dramatic increase in the federal judiciary's deference to decisions previously made in state court proceedings either on direct appeal from the conviction and sentence, or in a state court habeas corpus action and the associated second round of state appeal (both of which, in the usual case, occur before a federal habeas petition is filed).
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These new requirements are complex in nature and are still being litigated throughout the United States.
  
 
== Rights of the accused ==
 
== Rights of the accused ==

Revision as of 14:46, 1 June 2010