Habeas corpus is a fundamental right under the United States Constitution that protects against unlawful and indefinite imprisonment. The term habeas corpus is a Latin term meaning “show me the body.” A writ or petition for habeas corpus allows a person in custody, normally a convicted prisoner, under a sentence to ask the Court to determine if his or her detention is legal. The defendant is normally the custodian of the individual filing suit. For example, for a prisoner held in a unit of the Arkansas Division of Correction (ADC), the custodian would be the Director of the ADC.
There are circumstances in which a person who is not being held in a prison facility may meet the “in custody” requirement. A person held in state custody files a habeas corpus petition under 28 U.S.C. § 2254. A person held in federal custody files a petition under 28 U.S.C. § 2255. Please refer to the Guidebooks for further information.
In certain circumstances, an individual held in pre-trial confinement may file a habeas corpus petition under 28 U.S.C. § 2241. Please refer to the § 2241 Guidebook.
Habeas Corpus 28 U.S.C. § 2241
Habeas Corpus 28 U.S.C. § 2254
Habeas Corpus 28 U.S.C. § 2255
Additional Information
- Rules Governing Sections 2254 and 2255 Cases
- Application to Proceed Without Prepaying Fees (Proceed In Forma Pauperis)
- Motion to Appoint Counsel
- Notice of Appeal Form