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HABEAS CORPUS

Text: The burden of proof mandate of § 7811(a)(3) embodies the same principles as the writ of habeas corpus. Once jurisdiction is challenged, the proponent of a position is responsible for proving authority. Where the habeas corpus is concerned, whoever is responsible for making an arrest is presumed guilty. He must affirmatively prove authority for his acts, i.e., jurisdiction, in record. If he does not prove lawful authority in open court, the prisoner must be discharged. Dan Meador

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