Section 15-21-1 Persons entitled to prosecute writ – Generally. Any person who is imprisoned or restrained of his liberty in the State of Alabama on any criminal charge or accusation or under any other pretense whatever, except persons committed or detained by virtue of process issued by a court of the United States or by […]
Section 15-21-10 Writ not to be disobeyed for want of form or misdescription; writ presumed addressed to recipient. A writ of habeas corpus must not be disobeyed on account of any want of form or any misdescription of the person to whom it is addressed, and it must be presumed to have been addressed to […]
Section 15-21-12 Notice to any other person having interest required. If it appears from the petition for a writ of habeas corpus or from the documents thereunto annexed that the party is imprisoned or detained by virtue of any process under which any other person has an interest in continuing his imprisonment or restraint, the […]
Section 15-21-13 Notice to district attorney, prosecutor or arrestor required when criminal charge; bail without notice. If it appears from the petition for a writ of habeas corpus or from the documents thereunto annexed that the party is imprisoned and detained on any criminal charge or accusation, the officer issuing the writ must endorse thereon […]
Section 15-21-14 Issuance of precept; execution of precept by sheriff or constable. (a) At the time of issuing a writ of habeas corpus or at any time afterward before the hearing, the officer issuing the writ must, on a proper showing, issue a precept directed to any sheriff or constable of the state, commanding him […]
Section 15-21-15 Subpoenas for witnesses. (a) On the application of either party, subpoenas for witnesses must be issued at any time before the hearing on a writ of habeas corpus by the clerk of the circuit court of the county to which the writ is returnable. (b) Such subpoenas must be directed to the sheriff […]
Section 15-21-16 Service of writ. A writ of habeas corpus must be served by the sheriff, deputy sheriff or some constable of the county in which it is issued or in which the person on whose behalf it issued out is imprisoned or detained, by delivering a copy to the person to whom it is […]
Section 15-21-17 When return to be made; form and contents of return. (a) After due service thereof, the person to whom a writ of habeas corpus is directed must make his return on the day therein specified if practicable; and, if no day is specified therein and the place to which the return is to […]
Section 15-21-18 Person and original detaining warrant, writ, etc., to be produced with return; exception. At the time of making the return, one must also produce the person on whose behalf the writ of habeas corpus was sued out, according to the command of the writ, and the original warrant, writ or other written authority […]
Section 15-21-19 Proceedings when person not produced on account of sickness or infirmity. When the party on whose behalf a writ of habeas corpus is sued out is not produced on account of sickness or infirmity, the court or judge before whom the writ is returnable may proceed to decide on the return as if […]
Section 15-21-2 Persons entitled to prosecute writ – Persons confined for failure to enter into undertaking to keep the peace. Any person confined in jail for failing to enter into an undertaking to keep the peace may prosecute a writ of habeas corpus as provided in this chapter; but such writ can be heard only […]
Section 15-21-20 Contesting of return; examination into imprisonment or detention; disposition of detainee on adjournment of examination; forfeiture of bail. (a) The party on whose behalf a writ of habeas corpus is sued out may deny any of the facts stated in the return and allege any other facts which may be material in the […]
Section 15-21-21 When party to be discharged or remanded. Upon a hearing on a writ of habeas corpus, if no legal cause for the imprisonment or restraint of a party is shown, he must be discharged; but, if it appears that he is held or detained in custody by virtue of process issued by a […]
Section 15-21-22 Admission to bail if charged with bailable offense; procedure when sufficient bail not offered; transmission of bail to clerk of court; forfeiture of bail. (a) Upon a hearing on a writ of habeas corpus, if it appears that the detained party is charged with a public offense which is bailable, he must be […]
Section 15-21-23 Judgment, etc., or contempt commitment not to be inquired into. On the return of a writ of habeas corpus, no court or judge has authority to inquire into the regularity or justice of any order, judgment, decree or process of any court legally constituted, nor into the justice or propriety of any commitment […]
Section 15-21-24 Grounds for discharge of person in custody under process legally issued. If it appears that the party is in custody by virtue of process from any court legally constituted or issued by any officer in the course of judicial proceedings before him authorized by law, he can only be discharged under a writ […]
Section 15-21-25 Remand or commitment to custody or restraint for public offense when commitment irregular. In habeas corpus proceedings, if it appears that the party has been legally committed for any public offense or that he is guilty of such an offense, although his commitment was irregular, he may be remanded to the custody or […]
Section 15-21-26 Reimprisonment for same cause after discharge. When a person has once been discharged on habeas corpus, he cannot be again imprisoned, restrained or kept in custody for the same cause, unless he is indicted therefor or, after a discharge for defect of proof, is again arrested on sufficient proof and committed by legal […]
Section 15-21-27 Penalty – Unlawful detention or arrest after discharge order; civil action for damages. Any officer or other person who has the custody of a party produced on habeas corpus and who detains him after an order of the court or judge for his discharge or enlargement or afterwards arrests him without a legal […]
Section 15-21-28 Penalty – Refusal or neglect to deliver true copy of detention order, etc. Any officer who refuses or neglects to deliver a true copy of the order, writ, warrant or process by virtue of which he detains any prisoner, either to the prisoner himself or to any other person who applies for the […]
