* What is a writ of habeas corpus?
The word writ means a “writing” and habeas corpus is a Latin term meaning “have the body.” The Latin name of the writ used to compel a government official, like a prison warden to show because why the official is holding a person in custody. * Find a case that dealt with a writ of habeas corpus, briefly relate the facts of the case, and explain how a writ of habeas corpus was an issue in the case. Mugnano v. Painter
This case is an appeal by Andrew Mugnano, who is incarcerated in a State Penitentiary for first degree murder and for malicious wounding, from a decision of the Circuit Court of Greenbrier County denying him habeas corpus relief. The appellant was indicted for murdering his wife, Theresa Mugnano, and for maliciously wounding her companion. In denying Mugnano habeas corpus relief, the circuit court did not appoint counsel as requested, concluded that Mugnano failed to show adequate grounds for relief. In the present proceeding, Mugnano claims that the circuit court erred in failing to appoint counsel to assist him in the preparation and presentation of his habeas corpus claims and that the court erred in denying him a meaningful hearing on the question of whether the plea agreement was breached and whether his trial attorney's performance was deficient. In his pro se habeas corpus petition, Mugnano claimed that the State of West Virginia had breached the plea agreement which had resulted in his conviction and that his counsel at that time had failed to afford him effective assistance of counsel by failing to object to the State's failure to comply with the agreement. Mugnano also requested that the court appoint counsel to assist in the presentation of his case. * Do you feel that those people declared “enemy combatants” should be provided the same rights under the criminal justice system as United States citizens? Why or why not? Provide a rationale as to the basis of your decision. By universal agreement...
References: Supreme Court of Appeals of West Virginia: Retrieved from: http://caselaw.findlaw.com/wv-supreme-court-of-appeals/1319198.html
Gardner/Anderson. (2013). Criminal Evidence Principles and Cases
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