§ 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 […]
§ 16-112-112. Failure to produce person because of sickness or infirmity
(a) Whenever, from sickness or other infirmity of the person directed to be produced by a writ of habeas corpus, the person cannot, without danger, be brought before the court or judge before whom the writ is returnable, the person in whose custody he or she is may state the fact in his or her […]
§ 16-112-205. Hearing
(a) Unless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief, the court shall promptly set an early hearing on the petition and response, promptly determine the issues, make findings of fact and conclusions of law, and either deny the petition or enter an […]
§ 16-112-113. Denial, allegations, and amendment of return
(a) The party brought before any court or judge, by virtue of any writ of habeas corpus, may deny the material facts set forth in the return, or allege any fact to show either that his or her detention or imprisonment is unlawful, or that he or she is entitled to his or her discharge. […]
§ 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 […]