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 […]
Section 589.30 — Hearing On Appeal; Costs; Papers.
589.30 HEARING ON APPEAL; COSTS; PAPERS. Either party in a proceeding upon a writ of habeas corpus may appeal a final order by applying to the court of appeals. The clerk of appellate courts shall serve the order fixing the time of hearing on the adverse party at least five days before the date fixed […]
Section 589.15 — Discharging Petitioner Held Under Civil Process.
589.15 DISCHARGING PETITIONER HELD UNDER CIVIL PROCESS. If it appears on the return that the petitioner is in custody under a valid civil process of a court, the petitioner can be discharged only in the following cases: (1) if the jurisdiction of the court has been exceeded, either as to matter, place, sum, or person; […]
Section 589.35 — Release Of Institutionalized Persons For Judicial Purposes.
589.35 RELEASE OF INSTITUTIONALIZED PERSONS FOR JUDICIAL PURPOSES. Subdivision 1. Order. Except as provided in this chapter and chapter 590, a court requiring the appearance of a person confined in a state correctional facility, hospital for persons with mental illnesses, or other institution after criminal conviction, civil commitment, or under court order, may order the […]
Section 589.16 — When Bail Or Remand Or Discharge Allowed.
589.16 WHEN BAIL OR REMAND OR DISCHARGE ALLOWED. If the petitioner has been legally committed for a criminal offense, or if upon hearing it appears by the testimony offered with the return that the petitioner is guilty of the offense, although the commitment is irregular, the judge before whom the petitioner is brought shall allow […]
Section 589.17 — Requiring Petitioner To Be Held In Custody Until Judgment.
589.17 REQUIRING PETITIONER TO BE HELD IN CUSTODY UNTIL JUDGMENT. Until judgment is given upon the return, the judge before whom the petitioner is brought may either commit the petitioner to the custody of the sheriff of the county, or place the petitioner in other custody as the petitioner’s age and other circumstances require. History: […]