Section 30 Controlling Law and Venue
| Library | Remedies 2006 |
The discussion in §§8.31–8.45 below only pertains to habeas corpus filed in federal court by state prisoners. Habeas corpus proceedings by federal prisoners are controlled by 28 U.S.C. § 2255.
Habeas corpus proceedings to contest the detention of state prisoners are authorized by 28 U.S.C. § 2254. The United States Supreme Court has adopted Rules Governing Section 2254 Cases in the United States District Courts (2254 Rules). These rules are specific and should be examined closely.
“Person in custody” is...
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