§ 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 […]
§ 16-112-115. 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 […]
§ 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 […]