Habeas Corpus

Statutes: (Additional statutes, regulations & opinions may apply to your specific situation.)

• Minnesota Statutes Chapter 589, Habeas Corpus; Index topic Habeas Corpus.
• 28 USC § 2241 - Power to grant writ
• 28 USC § 2254 - State custody; remedies in Federal courts
• 28 USC § 2255 - Federal custody; remedies on motion attacking sentence

Resources: (Print resources are available at the Minnesota State Law Library and in county law libraries around the state.)

• Dunnell Minnesota Digest, Minnesota's legal encyclopedia, article on Habeas Corpus.
• McCarr, Henry W. and Jack S. Nordby. Criminal Law and Procedure, 4th ed. (Thomson Reuters, 2012) Reference Desk KFM5480 .M53. Section 40.1.
• Pirsig, Maynard E. Pirsig on Minnesota Pleading, 6th ed. (LexisNexis/Matthew Bender, 2008) Reference Desk KFM5935 .P57 2008, Chapter 4, part XLIV, Habeas Corpus.
• Prisoner Resources, from the United States District Courts for the District of Minnesota.
• Pro Se Prisoner Resources, from the United States District Court for the District of Minnesota. Includes Prisoner Litigation Guidebooks, information sheets and forms.

Related Topics: Prisoners

DISCLAIMER:  As librarians and not lawyers, we can suggest resources but cannot give legal advice (such as which form to file), or legal opinions, (such as how a statute might apply to particular facts.)  To do so could be considered the unauthorized practice of law.  Even though we try to suggest materials that will be of help, further research is usually required to find a complete and correct answer.  For many questions, the best answer may be to consult an attorney.  For links to resources on finding an attorney click here.