Habeas Corpus Proceedings in New York State

The Fifth and Eighth Amendments to the U.S. Constitution combined with New York's Habeas Corpus law (Article 70 of the New York Civil Practice Law and Rules) require the IMMEDIATE RELEASE of nonviolent prisoners with heightened susceptibility to death from COVID-19. These laws require the release of both (1) convicted inmates and (2) inmates who have been denied affordable bail and are waiting for trial. A habeas corpus proceeding can be brought in a civil court at any time. We believe that a habeas corpus proceeding conducted by a neutral, civil court judge provides the best chance of obtaining the immediate release of an inmate vulnerable to death from COVID-19.