Habeas Corpus

 

After spending two years in jail, convinced that he was innocent and that he did not get a fair trial, Betts prepared and filed a petition for habeas corpus. Smith Betts was not an educated man, but he learned a fair amount about law while he was incarcerated. Habeas corpus, means “you must have the body.” A habeas corpus petition is a document filed by, or on behalf of, a prisoner, who claims that he is wrongfully detained in custody. Betts still was not represented by an attorney.

 

Judge Joseph Mish, in Hagerstown, granted Betts’ writ on June 5, 1941, and ordered a hearing for June 17. After the hearing, Mish returned Betts to the Maryland Penitenti">

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Chapter Twenty-Seven: The Right to an Attorney (2)
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Habeas Corpus

 

After spending two years in jail, convinced that he was innocent and that he did not get a fair trial, Betts prepared and filed a petition for habeas corpus. Smith Betts was not an educated man, but he learned a fair amount about law while he was incarcerated. Habeas corpus, means “you must have the body.” A habeas corpus petition is a document filed by, or on behalf of, a prisoner, who claims that he is wrongfully detained in custody. Betts still was not represented by an attorney.

 

Judge Joseph Mish, in Hagerstown, granted Betts’ writ on June 5, 1941, and ordered a hearing for June 17. After the hearing, Mish returned Betts to the Maryland Penitenti...

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