Shannon Nyamodi Habeas Corpus Application
Documentation reviewed: http://www.wral.com/asset/news/local/2012/08/22/11459113/282560-201...
Case: Gun shot victim on August 16, 2012
YOUNGSVILLE, N.C. (WTVD) -- Franklin County Sheriff Jerry Jones said Thursday that his deputies were investigating a home invasion and shooting on Shearin Court in Youngsville.
The first call about a woman shot in the head came in at 2:16 a.m.
Jones said investigators determined both entrances to the home were forced in and there were two children in the house at the time.
The children were not hurt. The woman - who was not immediately identified - was taken to an area hospital. She was shot in the face, but is expected to survive.
Jones said 18-year-old Shannon Nyamodi and a 15-year-old girl are currently in custody.
The sheriff said his investigators believe the woman was targeted because she works for a dentist's office and makes deposits for the business.
Habeas corpus (/ˈheɪbiəs ˈkɔrpəs/, Latin for "you [shall] have the body") is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."
United States law affords persons the right to petition the federal courts for a writ of habeas corpus. Habeas corpus petitions are generally filed as pro se cases, and the government (state or federal) is usually ordered by the court to respond. Individual states also afford persons the ability to petition their own state court systems for habeas corpus pursuant to their respective constitutions and laws when held or sentenced by state authorities.
The federal habeas statute that resulted, with substantial amendments, is now at 28 U.S.C. § 2241:
BEFORE THE COURT CASE NUMBER: EXCEPTIONAL CASE
SUPERIOR COURT OF THE COUNTY OF FRANKLIN
STATE OF NORTH CAROLINA
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
Judges: HENRY W. HIGHT, JR.
Staff : COURT CLERK, DISTRICT ATTORNEY, CASE MANAGEMENT SYSTEM DOCKET
The Chapter in Franklin County, Youngsville, State of North Carolina, of the international civil and political rights organization known as Actions for Justice ( AXJ ), comes before the Court of competent jurisdiction in the city stated above, on behalf of Mr. Shannon Nyamodi, presently in police custody and state that this case has been considered to be "EXCEPTIONAL" by ORDER dated 20th of February of 2013 without adequate justification nor evidence to continue to hold the Defendant in Custody, and therefore pray for the Court to process an immediate HABEAS CORPUS HEARING as guaranteed by Common Law and the United States Constitution, and federal law: 28 U.S.C. § 2241: