§ 13-4135 – Writ to admit to bail
13-4135. Writ to admit to bail When a person is imprisoned or detained in custody on any criminal charge for want of bail, such person shall be entitled to a writ of habeas corpus for the purpose of giving bail, upon averring that fact in his petition and without alleging that he is illegally confined. […]
§ 13-4136 – Remand of prisoner
13-4136. Remand of prisoner A. If a party brought before the court or judge on the return of the writ, is not entitled to discharge or to bail, the court or judge shall remand him to the custody or restraint from which he is taken, if the person under whose custody or restraint he was […]
§ 13-4121 – Prosecution of writ
13-4121. Prosecution of writ A person unlawfully committed, detained, confined or restrained of his liberty, under any pretense whatever, may petition for and prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint.
§ 13-4137 – Custody pending judgment
13-4137. Custody pending judgment Until judgment is given on the return, the court or judge may commit the party to the custody of the sheriff of the county or place him in such care, or under such custody, as his age or circumstances may require.
§ 13-4122 – Application for writ
13-4122. Application for writ Application for the writ shall be made by verified petition, signed either by the party for whose relief it is intended or by some person in his behalf, and shall state that the person in whose behalf the writ is applied for is imprisoned or restrained of his liberty, the place […]
§ 13-4138 – Disobedience of writ for defect of form
13-4138. Disobedience of writ for defect of form No writ of habeas corpus shall be disobeyed for defect of form, if it sufficiently appears therefrom who has custody of, or who restrains the party imprisoned or restrained, the officer or person detaining him, and the court or judge before whom he is to be brought.
§ 13-4123 – Granting of writ; remand of prisoner
13-4123. Granting of writ; remand of prisoner A. The writ of habeas corpus may be granted: 1. By the supreme court or any judge thereof. When so issued it may be made returnable before the court or any judge thereof, or before any superior court or any judge thereof. 2. By the superior court or […]
§ 13-4139 – Finality of discharge; exceptions
13-4139. Finality of discharge; exceptions A person who has been discharged by order of the court or judge upon habeas corpus shall not be again imprisoned, restrained or kept in custody for the same cause, except: 1. If he was discharged from custody on a criminal charge, and is afterwards committed for the same offense […]
§ 13-4124 – Granting writ; time; bail
13-4124. Granting writ; time; bail A. A court or judge authorized to grant a writ of habeas corpus, to whom a petition therefor is presented, if it appears that the writ ought to issue, shall grant it without delay. B. If the person by or upon whose behalf the application for the writ is made […]
§ 13-4140 – Warrant for immediate production of person restrained or restraining; grounds
13-4140. Warrant for immediate production of person restrained or restraining; grounds A. When it appears from a petition, supported by satisfactory proof or affidavit, presented to a court or judge authorized to grant a writ of habeas corpus, that a person is illegally held in custody, confinement or restraint, and that there is good reason […]