Section 15.34 Hearing

• Library: App Ct Prac 2015 Supp

5. (§15.34) Hearing

Under 28 U.S.C. § 2243, unless it appears that the person detained is not entitled to relief, the court is to either:

· award the writ of habeas corpus; or

· order the respondent to show cause why the writ should not be granted.

The writ or order to show cause is directed to the respondent and must be returned within 3 days unless additional time (not to exceed 20 days) is allowed for good cause. The respondent must “make a return certifying the true cause of the detention.” When the writ or order is returned, a hearing date within 5 days is set unless additional time is allowed for good cause. Id.

Townsend v. Sain, 372 U.S. 293 (1963), overruled on other grounds, Keeney v. Tamayo-Reyes, 504 U.S. 1 (1992), discusses in general the court’s discretion to conduct an evidentiary hearing.

Hearings are not often granted, and 28...