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: […]
Section 589.18 — Notice Must Be Given To County Attorney Or Attorney General.
589.18 NOTICE MUST BE GIVEN TO COUNTY ATTORNEY OR ATTORNEY GENERAL. In criminal cases, if the petitioner is confined in a county jail or other local correctional facility, notice of the time and place at which the writ is returnable must be given to the county attorney of the county from which the petitioner was […]
Section 589.19 — Denial Of Return; New Matter.
589.19 DENIAL OF RETURN; NEW MATTER. At the hearing on the return of the writ, the petitioner may, on oath, deny any of the material facts alleged in the return, or allege any fact to show either that the imprisonment or detention is unlawful, or that the petitioner is entitled to discharge. The judge shall […]
Section 589.20 — Proceedings In Case Of Sickness Of Petitioner.
589.20 PROCEEDINGS IN CASE OF SICKNESS OF PETITIONER. When the petitioner is so sick or infirm that the petitioner would be endangered if brought before the judge before whom the writ is returnable, the person having the petitioner in custody may state that fact in the return. If the judge finds that the statement is […]
Section 589.21 — Enforcing Order Of Discharge.
589.21 ENFORCING ORDER OF DISCHARGE. The judge may enforce obedience to an order for the discharge of the petitioner by attachment, as provided in section 589.10, directed to the person disobeying the order. If a person disobeys an order, that person shall forfeit to the petitioner $1,000 in addition to any special damages sustained by […]
Section 589.22 — Conditions Under Which Discharged Petitioner May Be Incarcerated.
589.22 CONDITIONS UNDER WHICH DISCHARGED PETITIONER MAY BE INCARCERATED. A petitioner who has been discharged upon a writ of habeas corpus may be incarcerated again for the same conduct only under the following circumstances: (1) if, after discharge for defect of proof or for a material defect in the commitment in a criminal case, the […]
Section 589.07 — Refusal To Grant; Penalty.
589.07 REFUSAL TO GRANT; PENALTY. If a judge authorized to grant writs of habeas corpus willfully refuses to grant the writ when legally applied for, the judge shall forfeit to the party aggrieved $1,000 for each offense. History: (9745) RL s 4579; 1985 c 265 art 9 s 1
Section 589.08 — Return To Writ; Content Requirements.
589.08 RETURN TO WRIT; CONTENT REQUIREMENTS. The detaining authority upon whom a writ of habeas corpus is duly served shall state in the return, plainly and unequivocally, the information specified in paragraphs (a) to (c): (a) The return shall state whether the detaining authority is detaining or has at any time in the past detained […]