The complainant, an inmate, alleged that a judge refused to hear his Preliminary Motion for a Habeas Corpus Order and that his application was not heard in a timely matter.

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The complainant, an inmate, alleged that a judge refused to hear his Preliminary Motion for a Habeas Corpus Order* and that his application was not heard in a timely matter. The complainant appeared before the judge via a conference call to determine preliminary issues, and the judge had stated that he would render a decision approximately 2 months later. In a letter, the complainant was advised that no hearing date would be set because the judge had determined that the issues raised in the complainant’s motion did not apply to this type of motion.

The Council advised the complainant that if he believed that his rights to a fair hearing had been breached, his recourse must be before the courts. The matter was closed.

* Habeas Corpus is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. [Wikipedia]

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