What is the relevant statute for allegations of a return to the writ of habeas corpus?
MultiRegion, United States of America
The following excerpt is from Hunt v. Kernan, No. 2:15-cv-01564-JKS (E.D. Cal. 2018):
Hunt has not replied to Respondent's answer. The relevant statute provides that "[t]he allegations of a return to the writ of habeas corpus or of an answer to an order to show cause in a habeas corpus proceeding, if not traversed, shall be accepted as true except to the extent that the judge finds from the evidence that they are not true." 28 U.S.C. 2248; see also Carlson v.
Page 12
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the relevant statute on a return to the writ of habeas corpus? (MultiRegion, United States of America)
Does section 2241 of the Habeas corpus act as a substitute for a motion of habeas corpus? (MultiRegion, United States of America)
How have courts interpreted the custody requirement under the habeas corpus statute? (MultiRegion, United States of America)
When Pizzuto files his initial federal habeas corpus petition, does he have to return to state court to exhaust all of his post-conviction claims? (MultiRegion, United States of America)
On a motion for writ of habeas corpus respecting the confessions of the accused, what is the effect of the allegations against the accused on the defence? (MultiRegion, United States of America)
What are some of the issues relevant to the dismissal of a petition for a writ of habeas corpus? (MultiRegion, United States of America)
Does section 1962(b) require an allegation of racketeering to allege an enterprise separate from the alleged persons? (MultiRegion, United States of America)
Does an alleged author of a work that was allegedly written by another alleged author have to prove his claim to ownership of the work "from the moment it was created"? (MultiRegion, United States of America)
What is the test for habeas corpus relief in the case of a man who alleges that he was convicted of murder and attempted murder by reason of insufficient evidence? (MultiRegion, United States of America)
Can a federal court dismiss a state prisoner's federal habeas corpus petition on statute limitations grounds? (MultiRegion, United States of America)
