Habeas Investigator Suspected of Faking Documents.

An investigator working for a state funded agency that helps convicted prisoners file Habeas Corpus petitions is under fire for allegedly falsifying affidavits:

The veracity of Culhane's work first came under scrutiny when she was a private investigator working on the defense of Morales, a Stockton resident who was scheduled to be executed at San Quentin Prison on Feb. 21 for raping and murdering Terri Winchell, 17, in 1981.

In the weeks leading up to Morales' execution, Culhane, 39, gave Morales' lawyers signed statements from six former jurors saying they thought Morales deserved clemency because some of the testimony at his trial may have been fabricated. The letters were filed as part of Morales' official appeal for clemency from Gov. Arnold Schwarzenegger.

But prosecutors in San Joaquin County almost immediately produced a competing set of documents from five of those jurors swearing they had never spoken with Culhane and still supported the death sentence for Morales. The signatures on those declarations were different from the ones Culhane prepared, they said.

ContraConsta Times

More Resources

I have provided a brief explanation of the Writ of Habeas Corpus. However, as one would expected there is a lot more to see out on the Tubes. Here are some additional resources that can give you an appreciation of the great writ.

Wikipedia is a pretty good source of information that is not too hard understand. And it has links to additional material.

wikipedia habeas corpus link

The following source is also a great resource providing an overwiew and history of Habeas Corpus:

The history of Habeas Corpus is ancient. It appears to be predominately of Anglo-Saxon common law origin. Clearly, it precedes Magna Carta in 1215. Although the precise origin of Habeas Corpus is uncertain in light of it’s antiquity, its principle effect was achieved in the middle ages by various writs, the sum collection of which gave a similar effect as the modern writ. Although practice surrounding the writ has evolved over time, Habeas Corpus has since the earliest times been employed to compel the appearance of a person who is in custody to be brought before a court. And while Habeas Corpus originally was the prerogative writ of the King and his courts, the passage of hundreds of years time has permitted it to evolve into a prerogative writ initiated by the person restrained, or someone acting in his interest rather than by the King or his courts. Magna Carta obliquely makes reference to Habeas Corpus through express reference to “the law of the land”. From Magna Carta the exact quote is: “...no free man shall be taken or imprisoned or disseised or exiled or in any way destroyed except by the lawful judgment of their peers or by the law of the land.” The practice and right of Habeas Corpus was settled practice and law at the time of Magna Carta and was thus a fundamental part of the unwritten common “law of the land” as was expressly recognized by Magna Carta.

The Extraordinary Writ

As I find more resources that I think are appropriate I will add them.

What is a Writ?

Habeas Corpus is formally known as the Writ of Habeas Corpus. A writ is a legal term for a written order that is issued by a body that has jurisdiction over the matter at hand. Typically, this means a court, or similar type of administrative body. The writ is the order that the court issues.

With regard to habeas corpus, the person suffering an injustice will petition a court to issue a Writ of Habeas Corpus. If issued the writ will require the detaining authority, usually a State, or Federal government agency, to "bring forth" the imprisoned and let the court know why the individual has been imprisoned.

There are other kinds of writs, though the term is falling into disuse. The term is being discarded as an obsolete formality.

Introduction to Habeas Corpus

Habeus corpus is an ancient law that gives a person the right to ask a court to review the conditions of their imprisonment. The purpose is to provide a final appeal for the imprisoned. After reviewing the case, if the court finds that some injustice has occurred, the court can offer various remedies such as returning the case a lower court. Or ordering that the person who made the request is set free.

The history of habeas corpus goes way back to ancient england. Some say even the basic idea was part of English Common law before the Magna Carta. When the United States Constiution was drafted the founders were well aware of the importance of habeas corpus as a tool to prevent injustice. Therefore, they expressly made it part of the Constitution:

“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Case of Rebellion or Invasion the public Safety may require it.” U.S. Const. Art. 1 Section 9.

The founders obviously believed the right of habeas corpus so important that it was placed in the main body of the Constitution, not as an amendment as was the Bill of Rights.