Writ of Habeas Corpus Flashcards
The writ of habeas corpus orders…
the warden of a penal institution to bring the petitioner before the court to determine the lawfulness of the detention.
A habeas corpus petitioner may raise deprivations of constitutional rights but lacks standing to raise…
non-jurisdictional defects, which they failed to raised at trial and upon appeal.
The Virginia Supreme Court may issue a __________ based on new testing of biological evidence that exculpates a person previously convicted.
writ of actual innocence
A petitioner for habeas corpus must file in the court…
where the original judgment or order resulting in the detention complained of in the petition was entered.
A habeas corpus petitioner has the burden to prove by a preponderance of the evidence that they are illegally detained because…
habeas corpus is a civil proceeding.
If a writ of error is granted following a decision by the trial court on a writ of habeas corpus, the Commonwealth may…
retry the petitioner on the original charges after the habeas corpus relief has been granted.
If a writ of habeas corpus is denied, the costs of the proceeding and attorney’s fees are assessed…
against the petitioner.
