Writ of habeas corpus

“ It is idle to argue that the withholding or suspending of the writ of habeas corpus is an appropriate means of constituting a judicial tribunal. It is a caricature of argument to say, that Congress must create a court in which the whole judicial power is to vest, and at the same time may withhold from that court any of the instruments necessary to the practical exercise of judicial power. ”

“ A writ of habeas corpus is a writ granted by a court, commanding an officer to produce before it a prisoner, in order that the court may inquire into the cause of his imprisonment or detention. If, after such inquiry, it is found that the person is detained for insufficient cause, he is granted his freedom. ”

“ The fact that there is this force behind a writ is so well understood by the community that occasions for resorting to its use, or indeed to the use of any actual force, are extremely rare. If the process was lawfully issued, it would be useless to resist. If unlawfully, it is easier and safer to seek relief by an injunction, or in case of an arrest, by a writ of habeas corpus. ”

“ The case presented by the record is not within any of the exceptions to the general rule that when a court has jurisdiction by law of the offense charged, and of the party who is so charged, its judgments are not nullities, which can be collaterally attacked. The writ of habeas corpus cannot be made to perform the functions of a writ of error. ”

“ The first question is whether the MCA applies to the detainees’ habeas petitions. If the MCA does apply, the second question is whether the statute is an unconstitutional suspension of the writ of habeas corpus. ”

“ The circuit court sustained the intervention, and remanded petitioner, and its order was affirmed on appeal by this court. It was said by Mr. Justice Gray, delivering the opinion, that: 'A writ of habeas corpus is not like an action to recover damages for an unlawful arrest or commitment, but its object is to ascertain whether the prisoner can legally be detained in custody ”

“ Backer, supra, that the refusal of the courts of New Jersey to grant a writ of error to a person convicted of murder, or to stay the execution of a sentence, will not itself warrant a court of the United States in interfering in his behalf by writ of habeas corpus. ”

“ The court, on the filing of this petition, issued a rule on the marshal, or on any person in whose custody the prisoners might be found, to show cause why the writ of habeas corpus should not issue for their release. ”

“ The Virginia Circuit Court denied state habeas relief, specifically holding that the fact that current testing methods would have produced a different result does not justify the issuance of a writ of habeas corpus. ”