§ 16-112-206. Appeals
(a) The appealing party, within thirty (30) calendar days after the entry of the order, shall file a notice of appeal if the party wishes to appeal. (b) (1) If the appeal is by the petitioner, the service shall be on the prosecuting attorney and the Attorney General. (2) If the appeal is by the […]
§ 16-112-114. Witnesses
(a) The officer issuing the writ in vacation or the officer before whom it may be returned for trial shall have the same power to compel the attendance of witnesses or to punish a contempt of his or her authority, as a court of record has. His or her judgment on the trial of the […]
§ 16-112-207. Appointment of counsel — Latent fingerprinting services
(a) (1) A person financially unable to obtain counsel who desires to pursue the remedy provided in this subchapter may apply for representation by the Arkansas Public Defender Commission or appointed private attorneys. (2) The trial public defenders or appointed private attorneys may represent indigent persons who apply for representation under this section. (b) (1) […]
§ 16-112-115. Discharge, remand, admission to bail, or other order — Costs
The judge before whom the writ is returned, after hearing the matter, both upon the return and any other evidence, shall either discharge or remand the petitioner, admit the prisoner to bail, or make such order as may be proper. He or she shall adjudge the costs of the proceeding, including the charge for transporting […]
§ 16-112-116. Remand generally
It shall be the duty of the court or judge forthwith to remand the prisoner if it shall appear that he or she is held in custody, either: (1) By virtue of any process issued by any court or judge of the United States in a cause where the court or judge has exclusive jurisdiction; […]
§ 16-112-117. Admission to bail or remand
Upon the trial of a habeas corpus, if the judge shall be of the opinion that the prisoner has been guilty of a misdemeanor or felony, for which the prisoner may be liable to be tried and that the proceedings against him or her are so defective that he or she cannot be detained by […]
§ 16-112-118. Discharge
(a) No person shall be discharged under the provisions of this act: (1) Who is in custody or held by virtue of any legal engagement or enlistment in the United States Army or the United States Navy; (2) Who, being subject to the rules and articles of war, is confined by anyone legally acting under […]
§ 16-112-119. Return of proceedings
The proceedings upon a writ of habeas corpus shall be returned to the clerk of the circuit court of the county in which the writ was heard or the court in which the prosecution, if any, is pending.
§ 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 […]