Section 21-27-21 – Remand to custody or admission to bail pending review of order discharging writ.
21-27-21. Remand to custody or admission to bail pending review of order discharging writ. Pending appellate review of an order discharging a writ of habeas corpus after it has been issued, the prisoner may be remanded to the custody from which he was taken by the writ, or detained in other appropriate custody, or admitted […]
Section 21-27-22 – Bail without surety pending review of order discharging prisoner.
21-27-22. Bail without surety pending review of order discharging prisoner. Pending appellate review of an order discharging a prisoner on habeas corpus, he shall be admitted to bail without surety. Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, §37.5509 (4).
Section 21-27-23 – Admission to bail by Supreme Court pending review.
21-27-23. Admission to bail by Supreme Court pending review. Where the writ of habeas corpus is refused, or where the writ is discharged after having been issued, and the prisoner has been denied bail, he may be admitted to bail by the Supreme Court or one of the judges thereof, pending appellate review. Source: Supreme […]
Section 21-27-24 – Terms of bond given on admission to bail–Surety.
21-27-24. Terms of bond given on admission to bail–Surety. When the prisoner is admitted to bail, he shall furnish a bond in such sum as the court directs, conditioned that he shall render himself amenable to all orders and process of the court or judge and that he will forthwith comply with any order directing […]
Section 21-27-25 – Order for temporary custody of person not held under judicial process–Security required of person granted custody.
21-27-25. Order for temporary custody of person not held under judicial process–Security required of person granted custody. Where a writ of habeas corpus is granted in proceedings involving the custody of a person not held under judicial process, the court shall have discretion to make a proper order concerning the temporary custody of such person […]
Section 21-27-26 – Order remanding applicant to custody–Conclusive on second application for writ.
21-27-26. Order remanding applicant to custody–Conclusive on second application for writ. When any person shall be remanded in any habeas corpus proceeding, it shall be the duty of the court or judge remanding him to make out and deliver to the sheriff or other person to whose custody he shall be remanded an order in […]
Section 21-27-27 – Discharge on second writ unlawful where crime charged–Admission to bail or remand to custody.
21-27-27. Discharge on second writ unlawful where crime charged–Admission to bail or remand to custody. It shall not be lawful for any court or judge, on a second writ of habeas corpus, to discharge any person, if he is clearly and specifically charged in the warrant of commitment with a criminal offense; but the court […]
Section 21-27-28 – Second imprisonment on same cause prohibited after discharge on writ–Circumstances justifying second imprisonment.
21-27-28. Second imprisonment on same cause prohibited after discharge on writ–Circumstances justifying second imprisonment. No person who has been discharged by order of a court or judge upon a writ of habeas corpus shall be again imprisoned, restrained, or kept in custody for the same cause, unless he be afterward prosecuted for the same offense; […]
Section 21-27-29 – Forfeiture for new arrest or detention after discharge on writ–Liability for damages unaffected.
21-27-29. Forfeiture for new arrest or detention after discharge on writ–Liability for damages unaffected. Any person who, knowing that another has been discharged by order of a competent judge or tribunal on a writ of habeas corpus, shall, contrary to the provisions of this chapter, arrest or detain him again for the same cause which […]
Section 21-27-18 – Admission to bail of applicant in custody under judicial process.
21-27-18. Admission to bail of applicant in custody under judicial process. Sections 21-27-19 to 21-27-24, inclusive, shall control the admission to bail where the application for the writ of habeas corpus is by or in behalf of a person in custody under judicial process. Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, […]