Writ Of Habeas Corpus in Wisconsin

One of the rights guaranteed to all Americans under the constitution, habeas corpus, is a long-standing tenet of the law designed to prevent unlawful imprisonment and protect against excessive use of executive power. Translating from Latin as “show me the body,” habeas corpus requires that anyone who has been brought into custody be allowed to challenge that custody in person before a judge or in a court of law.

The order used to call the detainee into court is called a writ of habeas corpus. This writ may be issued for several reasons:

• Discovery of new evidence
• Issues with the original case, be it misconduct by the prosecution, ineffective defense, or defendant being found incompetent
• Inhumane conditions of confinement
• And others

This writ can be used to for those in state or federal custody, giving them the ability to challenge the conditions of their trial and imprisonment. In fact, this makes it a very effective tool for those in custody at a federal level, as it can challenge both state and federal detentions.

In a habeas corpus action, the court can determine whether there was adequate reason for the detention in the first place, if there were issues with the initial trial or whether bail or parole were groundlessly denied.  It can also be used to determine whether the case should be moved to a different court or if there are grounds for extradition.  Most commonly, issues of ineffectiveness of trial, post conviction, and appellate counsel can be raised, as can denials of suppression motions challenging the constitutionality of police behavior. Beyond criminal cases, habeas corpus has applications throughout any number of different judicial areas, from military courts to deportation cases.

We Can Help

At Tracey Wood and Associates, we have helped clients file habeas corpus petitions to challenge constitutional violations previously unresolved in their underlying proceedings.  If you or a loved one have been wrongfully imprisoned, contact us today or submit your information below for a no-obligation consultation about your legal rights.