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State court of last resort · ST-VA-SC
Carroll v. Johnson
No. 082566Supreme Court of Virginia
082566 Carroll v. Johnson 11/05/2009 Code § 8.01-654 extends the availability of the writ of habeas corpus to prisoners who claim they are "detained without lawful authority," and does not limit the availabili…
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082566 Carroll v. Johnson 11/05/2009 Code § 8.01-654 extends the availability of the writ of habeas corpus to prisoners who claim…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Nov 5, 2009
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082566 Carroll v. Johnson 11/05/2009 Code § 8.01-654 extends the availability of the writ of habeas corpus to prisoners who claim they are "detained without lawful authority," and does not limit the availability of the writ to situations in which a ruling in the petitioner's favor will result in his or her immediate release. The statute allows a petitioner to challenge the lawfulness of the entire duration of his or her detention so long as an order entered in the petitioner's favor will result in a court order that, on its face and standing alone, will directly impact the duration of the petitioner's confinement. Therefore, the circuit court erred in holding that it did not have habeas cor…
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