The “Great Writ,” or the writ of habeas corpus, is the only court order enshrined in the Constitution. The Latin phrase means “you have the body,” a mandate requiring authorities to bring an inmate before the courts to assess the legality of their detention following their petition for habeas corpus. Although legal scholars have traditionally framed the writ of habeas corpus as an equitable means to protect due process, interpretations of the writ have evolved, leading to increasing restrictions on its availability. 

Over the last 30 years, approximately 57 people have been denied the “Great Writ” of habeas corpus in death penalty cases because their attorneys missed deadlines to file for the process. 30 of them have been executed – the most recent being Jeffrey Hutchinson in May 2025. Hutchinson was a Gulf War Veteran who urged his attorney to act swiftly and file on his behalf, yet a combination of attorney misconduct and court error resulted in his death. 

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