- What is habeas corpus?
The literal meaning of habeas corpus is "you should have the body".
Commonly referred to as "the Great Writ," habeas corpus is most often associated with an action asserting ineffective assistance of counsel by petitioners challenging the legality of their conviction, but there are several other uses.
Under Connecticut case law, habeas corpus is not a substitute for a direct appeal.
Habeas corpus is a remedy for violations of constitutional rights, such as ineffective assistance of counsel.
- Who may file a habeas corpus petition?
- A prisoner or inmate to challenge the legality of his or her conviction and confinement, the constitutionality of his or her prison conditions, or the constitutionality of disciplinary action taken against them
- Connecticut General Statutes § 52-466
- JD-CV-175 legality of conviction/sentence calculation
- JD-CV-176 constitutionality of prison conditions/medical treatment
- JD-CV-177 constitutionality of disciplinary action
- A person held in custody on an extradition warrant as a fugitive from another state to challenge the legality of the person's arrest and detention
- Connecticut General Statutes § 54-166
- JD-CV-175 legality of conviction/sentence calculation
- A person confined in a hospital for psychiatric disabilities to challenge the legality of his or her confinement
- Connecticut General Statutes § 17a-524
- JD-CV-175 legality of conviction/sentence calculation
- JD-CV-176 constitutionality of prison conditions/medical treatment
- JD-CV-177 constitutionality of disciplinary action
- A person subject to involuntary guardianship or representation by a conservator to challenge the legality of the conservatorship or guardianship
- Connecticut General Statutes § 45a-705a
- Any such claim may be commenced by a written motion.
- A putative (meaning "supposed" or "presumed") father to commence a common law action to challenge custody of a child
- Weidenbacher v. Duclos, 234 Conn. 51 (1995)
- Any such claim may be commenced by a written motion.
- A foster parent or approved adoptive parent to challenge custody of a child.
- Connecticut General Statutes § 52-466 (f)
- Any such claim may be commenced by a written motion.
- Where do I file a writ of habeas corpus?
- An application for writ of habeas corpus filed on behalf of an inmate or prisoner confined as a result of a conviction of a crime must be filed in the Superior Court for the Judicial District of Tolland.
- Connecticut General Statutes § 52-466(a)(1)
- An application for a person held on something other than a criminal conviction, such as an adjudication of not guilty by reason of insanity or a juvenile delinquency commitment, must be filed in the judicial district where that person is confined.
- Connecticut General Statutes § 52-466(a)(2)
- An application for writ of habeas corpus challenging involuntary conservatorship or guardianship may be filed in either the Superior Court or Probate Court.
- Connecticut General Statutes § 45a-705a(c)
- How do I file a writ of habeas corpus?
- To petition for writ of habeas corpus, please complete the appropriate form
- Petition for Writ of Habeas Corpus - Conviction Proceeding/Sentencing Calculation
- Petition for Writ of Habeas Corpus - Conditions of Confinement/Medical Treatment
- Petition for Writ of Habeas Corpus – Disciplinary Action
- Each form contains a section for you to request that costs and fees be waived.
- Each form contains a section where you may request that a lawyer represent you.
- You must sign the form (petition) and have it notarized.
- All questions must be answered clearly and concisely in the appropriate space on the form.
- You should keep an additional copy of the petition for your own records. All copies must be identical to the original.
- Is there a fee to file a habeas petition?
- Yes, if you have not requested that costs and fees be waived, you will need to provide the Clerk with $360, which is the fee to file your petition.