Flashcards in Criminal Procedure Deck (63)
Writ of habeus corpus
* Available to defendant in custody, or on probation or parole.
* Civil action. Must show by preponderance of evidence that detention was improper.
If fact proved to enhance sentence over statutory maximum, then:
1) must be charged in indictment;
2) proved beyond reasonable doubt;
3) submitted to jury.
NOT applicable to consecutive sentences based on determinations by judge.
Harmless error analysis for violations.