Freeman v. Johnson

WELLS, Judge.

Petitioner assigns error to the trial court’s holding that the Writ of Habeas Corpus was an inappropriate procedure for challenging the rescission of his M.A.P.P. contract. The Writ of Habe-as Corpus, described by this Court as “critically significant to American jurisprudence,” In re Stevens, 28 N.C. App. 471, 221 S.E. 2d 839 (1976), provides a method for the judiciary to ensure that personal liberties are not restrained or compromised by illegal imprisonment. See In re Burton, 257 N.C. 534, 126 S.E. 2d 581 (1962).

An individual whose initial imprisonment was lawful may…