§ 16-112-208. Testing procedures — Definition
(a) (1) A court that orders any deoxyribonucleic acid (DNA) testing under this subchapter shall direct the testing to be carried out by the State Crime Laboratory. (2) (A) However, the court may order deoxyribonucleic acid (DNA) testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the […]
§ 16-112-120. Subsequent imprisonment or commitment prohibited — Exceptions
A person released upon a writ of habeas corpus shall not again be imprisoned or committed for the same offense, except by the legal order or process of the court wherein he or she shall be bound by recognizance to appear or some other court having jurisdiction of the same cause.
§ 16-112-121. Second writ
(a) If a prisoner remanded under the provisions of this act shall obtain a second writ of habeas corpus, it shall be the duty of the officer or other person on whom the writ shall be served to return therewith the order, remanding the prisoner. If it appears that the prisoner was remanded for an […]
§ 16-112-122. Issuance of writ by judge without application
Whenever any court of record, any justice of the Supreme Court, or any judge of the circuit court or judge of the county court, shall have evidence, from any judicial proceedings had before them, that any person is illegally confined or restrained of his or her liberty within the jurisdiction of the court or judge, […]
§ 16-112-123. Emergency warrant
(a) (1) When it shall appear by satisfactory proof that any person is illegally imprisoned or restrained of his or her liberty and that there is good reason to believe that he or she will be carried out of the state, or suffer some irreparable injury before he or she can be relieved by a […]
§ 16-112-201. Writ of Habeas Corpus — New scientific evidence
(a) Except when direct appeal is available, a person convicted of a crime may commence a proceeding to secure relief by filing a petition in the court in which the conviction was entered to vacate and set aside the judgment and to discharge the petitioner or to resentence the petitioner or grant a new trial […]
§ 16-112-202. Form of motion
Except when direct appeal is available, a person convicted of a crime may make a motion for the performance of fingerprinting, forensic deoxyribonucleic acid (DNA) testing, or other tests which may become available through advances in technology to demonstrate the person’s actual innocence if: (1) The specific evidence to be tested was secured as a […]
§ 16-112-203. Contents of motion
(a) The petition filed under this subchapter shall be entitled in the name of the petitioner versus the State of Arkansas and shall contain: (1) (A) A statement of the facts and the grounds upon which the petition is based and relief desired. (B) All grounds for relief shall be stated in the petition or […]
§ 16-112-111. Order to produce petitioner
When the person who applies for a writ of habeas corpus shall not be in the custody of a jailor or other officer, the judge may, for good cause shown, direct the officer or person serving the writ to take the applicant into his or her custody and produce him or her on the return […]
§ 16-112-204. Other pleadings
(a) Within twenty (20) days after the filing of the petition, the prosecuting attorney or the Attorney General shall respond to the petition by answer or motion which shall be filed with the court and served on the petitioner if unrepresented or served on the petitioner’s attorney. (b) (1) No further pleadings are necessary except […]