Section 589.23 — Transferring Or Concealing Person; Forfeiture.
589.23 TRANSFERRING OR CONCEALING PERSON; FORFEITURE. A person who has custody of a petitioner entitled to a writ of habeas corpus and who, with intent to elude the service of the writ or to avoid its effect, (1) transfers the petitioner to the custody or places the petitioner under the power or control of another […]
Section 589.24 — Refusing To Furnish Copy Of Document Authorizing Detention.
589.24 REFUSING TO FURNISH COPY OF DOCUMENT AUTHORIZING DETENTION. An officer or another who detains a person and refuses to deliver a copy of an order, warrant, process, or other authority by which the person is detained to any one who requests the copy and who offers to pay the reproduction costs, shall forfeit $200 […]
Section 589.25 — Person Serving Writ; Bond.
589.25 PERSON SERVING WRIT; BOND. The writ can be served only by a legal voter of the state. The judge granting it may require a bond to the state in a sum not more than $1,000, conditioned for the payment of all costs and expenses of the proceeding, and the reasonable charges of restoring the […]
Section 589.26 — Manner Of Service Of Writ.
589.26 MANNER OF SERVICE OF WRIT. The writ of habeas corpus may be served by delivering it to the person to whom it is directed, or, if that person cannot be found, by leaving it at the jail or other place in which the petitioner is confined, with any correctional officer or other person of […]
Section 589.27 — When Return To Writ Must Be Made.
589.27 WHEN RETURN TO WRIT MUST BE MADE. If the writ is returnable on a certain day, the person to whom the writ is directed shall make the return and produce the petitioner at the time and place specified in the writ. If the writ is returnable immediately, and the place of return is within […]
Section 589.12 — Proceedings On Return Of Writ.
589.12 PROCEEDINGS ON RETURN OF WRIT. Immediately after the return of the writ, the judge before whom the petitioner is brought shall examine the facts set forth in the return, the cause of the imprisonment or restraint, and whether the cause was upon commitment for a criminal charge or not. History: (9750) RL s 4584; […]
Section 589.28 — Power Of Court Not Restrained.
589.28 POWER OF COURT NOT RESTRAINED. Nothing in sections 589.01 to 589.30 is to be construed to prevent a court from issuing a writ of habeas corpus necessary or proper to bring an inmate before it or an inferior court for trial, an omnibus hearing, arraignment, appearance, or to be examined as a witness in […]
Section 589.13 — Discharging Petitioner.
589.13 DISCHARGING PETITIONER. If the judge, under section 589.12, finds no legal cause to support imprisonment or restraint of the petitioner, the judge shall discharge the petitioner. History: (9751) RL s 4585; 1985 c 265 art 9 s 1
Section 589.29 — Appeals.
589.29 APPEALS. A party aggrieved by the final order in proceedings upon a writ of habeas corpus may appeal to the court of appeals as in other civil cases, except that no bond is required of the appellant. Upon filing notice of appeal with the court administrator of the district court, and payment of filing […]
Section 589.14 — Sending Petitioner Back To Custody.
589.14 SENDING PETITIONER BACK TO CUSTODY. The judge shall immediately send the petitioner back to the detaining authority if it appears that the petitioner is detained in custody: (1) under process issued by a court or judge of the United States, in a case where the court or judge has exclusive jurisdiction; (2) under final […]