Tuesday, April 28, 2015

HABEAS CORPUS AS A POST-CONVICTION REMEDY:

    As a post-conviction remedy, it may be allowed when, as a consequence of a judicial proceeding, any of the following exceptional circumstances is attendant: (1) there has been a deprivation of a constitutional right resulting in the restraint of a person;  (2) the court had no jurisdiction to impose the sentence; or  (3) the imposed penalty has been excessive, thus voiding the sentence as to such excess.

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