§53-4A-10. Construction; Repeal
All other pertinent provisions of this code shall be construed so as to conform to and be consistent with the provisions of this article. In the event that there are pertinent provisions in this code so inconsistent with the provisions of this article as to preclude such construction, such other provisions shall be considered as […]
§53-4A-11. Severability
If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are hereby declared to be […]
§53-5-1. Injunction for Protection of Property
An injunction may be awarded to enjoin the sale of property set apart as exempt in the case of a husband or parent, under articles eight and nine, chapter thirty-eight of this code, or to protect any plaintiff in a suit for specific property, pending either at law or in equity, against injury from the […]
§53-4-13. Writs of Habeas Corpus Ad Testificandum
Writs of habeas corpus ad testificandum may be granted by any circuit court, or any court of record of limited jurisdiction other than a county court, or any judge thereof in vacation, in the same manner and under the same conditions and provisions as are prescribed by this article as to granting the writ of […]
§53-4A-1. Right to Habeas Corpus for Post-Conviction Review; Jurisdiction; When Contention Deemed Finally Adjudicated or Waived; Effect Upon Other Remedies
(a) Any person convicted of a crime and incarcerated under sentence of imprisonment therefor who contends that there was such a denial or infringement of his or her rights as to render the conviction or sentence void under the Constitution of the United States or the Constitution of this state, or both, or that the […]
§53-4A-2. Petition; Contents Thereof; Supreme Court May Prescribe Form of Petition, Verification and Writ; Duties of Clerk
A petition seeking a writ of habeas corpus ad subjiciendum in accordance with the provisions of this article shall identify the proceedings in which the petitioner was convicted and sentenced, give the date of the entry of the judgment and sentence complained of, specifically set forth the contention or contentions and grounds in fact or […]
§53-4A-3. Refusal of Writ; Granting of Writ; Direction of Writ; How Writ Made Returnable; Duties of Clerk, Attorney General and Prosecuting Attorney
(a) If the petition, affidavits, exhibits, records and other documentary evidence attached thereto, or the record in the proceedings which resulted in the conviction and sentence, or the record or records in a proceeding or proceedings on a prior petition or petitions filed under the provisions of this article, or the record or records in […]
§53-4A-4. Inability to Pay Costs, etc.; Appointment of Counsel; Obtaining Copies of Record or Records in Criminal Proceedings or in a Previous Proceeding or Proceedings to Secure Relief; Payment of All Costs and Expenses; Adjudging of Costs
(a) A petition filed under the provisions of this article may allege facts to show that the petitioner is unable to pay the costs of the proceeding or to employ counsel, may request permission to proceed in forma pauperis and may request the appointment of counsel. If the court to which the writ is returnable […]
§53-4A-5. Service of Writ
Any writ granted in accordance with the provisions of this article shall be served upon the person to whom it is directed, or, in his absence from the place where the petitioner is incarcerated, upon the person having the immediate custody of the petitioner.
§53-4A-6. Return; Pleadings; Amendments
Within such time as may be specified in the writ or as the court may fix, the state shall make its return. No other or further pleadings shall be filed except as the court may order. At any time prior to entry of judgment on the writ in accordance with the provisions of this article, […]