4.15 Habeas Corpus

• Library: Appellate Practice - Virginia and Federal Courts (Virginia CLE) (2016 Ed.)

4.15 HABEAS CORPUS

The "All Writs Act," (28 U.S.C. § 1651) embraces applications for the "Great Writ" of habeas corpus. Habeas corpus proceedings are governed in detail by 28 U.S.C. §§ 2241 through 2255 and 28 U.S.C. §§ 2261 through 2266 (in capital cases); by FRAP 22, FRAP 23, and FRAP 24, and by Supreme Court Rule 20.

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Appellate federal courts are specifically empowered by 28 U.S.C. § 2241(b) to transfer, for hearing and determination, any application for a writ of habeas corpus to the district court having jurisdiction to entertain it. FRAP 22(a) turns this power to transfer into a command: it requires that all applications for a writ of habeas corpus be made to the appropriate district court, and it...