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Habeas...

Discussion in 'Alternative Dispute Resolution' started by reyespoa, Dec 18, 2006.

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  1. reyespoa

    reyespoa Law Topic Starter New Member

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    What is the difference between a state habeas corpus and a federal one?

    Can these be filed while on appeal, 3.800 or 3.850?

    Thanks...
     
  2. wcomp

    wcomp New Member

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    A state habeas corpus petition is filed under state law in state court. A federal habeas petition is filed under federal law in federal court.

    Whether and when you can file one depends upon the details of your case. It's a really good ideat to get help from a lawyer.
     
  3. seniorjudge

    seniorjudge Super Moderator

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    What are those numbers?

    You can file a habeas corpus proceeding at any time unless you are a Confederate and Abe Lincoln is the president!:dgrin
     
  4. wcomp

    wcomp New Member

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    Or Jose Padilla.
     
  5. ArtSmith72

    ArtSmith72 New Member

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    What about if you are arrested by our federal government, taken away to somewhere your family does not know, with no charges made, for an indeterminet time?

    Our current president has suspended habeas to fight terrorism..... be afraid.
     

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