Any person imprisoned or restrained of liberty, under any pretense whatsoever, except in cases specified in subsection (b) and in cases specified in § 29-21-102, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment and restraint. Persons restrained of their liberty pursuant to a guilty plea and negotiated sentence […]
Persons committed or detained by virtue of process issued by a court of the United States, or a judge thereof, in cases where such judges or courts have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of suits in such courts, are not entitled to the […]
The writ may be granted by any judge of the circuit or criminal courts, or by any chancellor in cases of equitable cognizance. Code 1858, § 3723; Shan., § 5503; mod. Code 1932, § 9674; T.C.A. (orig. ed.), § 23-1803.
Whenever any court or judge, authorized to grant this writ, has evidence, from a judicial proceeding, that any person within the jurisdiction of such court or officer is illegally imprisoned or restrained of liberty, it is the duty of such court or judge to issue, or cause to be issued, the writ as aforementioned, although […]
The application should be made to the court or judge most convenient in point of distance to the applicant, unless a sufficient reason be given in the petition for not applying to such court or judge. Code 1858, § 3724; Shan., § 5504; Code 1932, § 9675; C. Supp. 1950, § 9675; T.C.A. (orig. ed.), […]
The judges of the municipal courts or corporation courts and/or the judges of the courts of general sessions of the state of Tennessee are hereby vested with the jurisdiction to grant the writ of habeas corpus in all cases wherein any person is being unreasonably held or detained by any municipal official or authority without […]
Application for the writ shall be made by petition, signed either by the party for whose benefit it is intended, or some person on the pertitioner’s behalf, and verified by affidavit. The petition shall state: That the person in whose behalf the writ is sought, is illegally restrained of liberty, and the person by whom […]
It is the duty of the court or judge to act upon such applications instanter. A wrongful and willful refusal to grant the writ, when properly applied for, is a misdemeanor in office, besides subjecting the judge to damages at the suit of the party aggrieved. Code 1858, § 3729; Shan., § 5509; Code 1932, […]
If, from the showing of the petitioner, the plaintiff would not be entitled to any relief, the writ may be refused, the reasons for such refusal being briefly endorsed upon the petition, or appended thereto. Code 1858, § 3726; Shan., § 5506; Code 1932, § 9677; T.C.A. (orig. ed.), § 23-1809.
If the petition show a sufficient ground for relief, the writ shall be forthwith allowed, and may be substantially as follows: State of Tennessee, To the sheriff, etc. [or to A B, as the case may be]: County You are hereby commanded to have the body of C B, who is alleged to […]
The writ may be served by the sheriff, coroner, or constable, or any other person appointed for that purpose by the court or judge by whom it is issued or allowed. If served by any other person than the sheriff, that person possesses the same power, and is liable to the same penalty for nonperformance […]
The proper mode of service is by leaving a copy of the original writ with the defendant, and making the return upon the original. Any person served with the writ is presumed to be the person for whom it is intended, although it may be directed to the person by a wrong name or description, […]
If the defendant refuses admittance to the person attempting to serve the writ, hides, or attempts wrongfully to carry the plaintiff out of the county or state, the defendant may be arrested by the person having the writ, and brought, together with the plaintiff, immediately before the officer or court before whom the writ is […]
If the person in whose name the application is made can be found, and no one appears to have the charge or custody of the plaintiff, the person having the writ may take the plaintiff into custody, and make return accordingly, and, to get possession of the plaintiff’s person in such case, the person possesses […]
The court or judge to whom the application for the writ is made, if satisfied that the plaintiff is likely to suffer irreparable injury before the plaintiff could be relieved by the proceedings as authorized in §§ 29-21-112 — 29-21-114, may issue a precept to the sheriff, or other person selected, commanding the sheriff or […]
Service being made in any of the modes provided for in this part, the defendant shall appear at the proper time, and make due return of the writ, and answer the petition, if required. The person served with the writ shall state in the return, plainly and unequivocally: Whether the person then has, or at […]
At the time of making the return, the person on whom the same has been served shall also produce the body of the person detained according to the command of the writ, or show good cause for not doing so. If the cause shown for not producing such person be sickness or infirmity, the fact […]
The plaintiff, in writing, or the plaintiff’s attorney, may waive the right to be present at the examination, in which case the proceedings may be had in the plaintiff’s absence. Code 1858, § 3753; Shan., § 5533; Code 1932, § 9703; T.C.A. (orig. ed.), § 23-1826. Collateral References. 39A C.J.S. Habeas Corpus § 185. Habeas […]
The plaintiff may demur or reply to the return, and all issues shall be tried by the court or judge in a summary way, the examination being adjourned from time to time, if necessary to the proper administration of justice, and all such orders being made for the custody of the plaintiff, in the meantime, […]
The plaintiff may also, in any case, be committed, let to bail, or the plantiff’s bail diminished or increased, as justice may require. Code 1858, § 3750; Shan., § 5530; Code 1932, § 9700; T.C.A. (orig. ed.), § 23-1828.
