14 §5501. Right to writ
§5501. Right to writ Every person unlawfully deprived of his personal liberty by the act of another, except in the cases mentioned, shall of right have a writ of habeas corpus according to the provisions herein contained.
14 §5502. Post-conviction habeas corpus (REPEALED)
§5502. Post-conviction habeas corpus (REPEALED) SECTION HISTORY PL 1979, c. 701, §2 (RP).
14 §5503. Jurisdiction; commencement of proceedings; petition; amendments (REPEALED)
§5503. Jurisdiction; commencement of proceedings; petition; amendments (REPEALED) SECTION HISTORY PL 1979, c. 701, §2 (RP).
14 §5504. Contents of petition (REPEALED)
§5504. Contents of petition (REPEALED) SECTION HISTORY PL 1979, c. 701, §2 (RP).
14 §5505. Further pleadings and procedure (REPEALED)
§5505. Further pleadings and procedure (REPEALED) SECTION HISTORY PL 1969, c. 545 (AMD). PL 1971, c. 342, §1 (AMD). PL 1979, c. 701, §2 (RP).
14 §5506. Counsel for indigent petitioners (REPEALED)
§5506. Counsel for indigent petitioners (REPEALED) SECTION HISTORY PL 1979, c. 701, §2 (RP).
14 §5507. Waiver of grounds not claimed; effect of prior petition of coram nobis or error (REPEALED)
§5507. Waiver of grounds not claimed; effect of prior petition of coram nobis or error (REPEALED) SECTION HISTORY PL 1979, c. 701, §2 (RP).
14 §5508. Review of final judgment; release pending appeal (REPEALED)
§5508. Review of final judgment; release pending appeal (REPEALED) SECTION HISTORY PL 1969, c. 261 (AMD). PL 1971, c. 342, §2 (AMD). PL 1979, c. 701, §2 (RP).
14 §5509. Minors in armed forces entitled to writ
§5509. Minors in armed forces entitled to writ A minor enlisted within the State into the Army or Navy of the United States without the written consent of his parent or guardian shall have all the benefits of this chapter on the application of himself, parent or guardian.
14 §5510. Parent or guardian of minor may have writ
§5510. Parent or guardian of minor may have writ The parent or guardian of any minor imprisoned or restrained of his liberty shall be entitled to the writ of habeas corpus for him, if he would be entitled to it on his own application.
14 §5511. Application for writ on behalf of another
§5511. Application for writ on behalf of another The Supreme Judicial Court or the Superior Court or any justice of either of said courts, on application of any person, may issue the writ of habeas corpus to bring before them any party alleged to be imprisoned or restrained of his liberty but not convicted and […]
14 §5512. Writ not available
§5512. Writ not available The following persons shall not of right have such writ: 1. Persons committed to jail for certain offenses. Persons committed to or confined in prison or jail on suspicion of treason, felony or accessories before the fact to a felony, when the same is plainly and specifically expressed in the […]
14 §5513. Application
§5513. Application Application for such writ by any person shall be made to any Justice of the Supreme Judicial Court or Superior Court, regardless whether or not the Supreme Judicial Court or Superior Court is in session. It shall be made returnable before such justice to whom application is made. If the writ is denied […]
14 §5514. Where writ returnable; entry of judgment
§5514. Where writ returnable; entry of judgment When awarded by a Justice of the Supreme Judicial Court or of the Superior Court, such writ may issue, under his hand and seal or upon his order from any clerk’s office in vacation as if issued by the court, and run throughout the State, and may be […]
14 §5515. Application; denial of writ
§5515. Application; denial of writ The application shall be in writing, signed and sworn to by the person making it, stating the place where and the person by whom the restraint is made. The applicant shall produce to the court or justice a copy of the precept by which the person is so restrained, attested […]
14 §5516. Excessive bail
§5516. Excessive bail If it appears that he is imprisoned on mesne process for want of bail and the court or justice thinks that excessive bail is demanded, reasonable bail shall be fixed, and on giving it to the plaintiff, he shall be discharged.
14 §5517. Refusal of copy of precept; writ granted
§5517. Refusal of copy of precept; writ granted If the prison keeper or other officer having the custody of such person refuses or unreasonably delays to deliver to the applicant an attested copy of the precept by which he restrains him on demand therefor, the court or justice, on proof of such demand and refusal, […]
14 §5518. Form of writ
§5518. Form of writ When such writ is issued on an application in behalf of any person described in section 5512, it shall be substantially as follows: “STATE OF MAINE. “C…., ss. To A. B., of ….; (L.S.) Greeting. “We command you, that you have the body of C. D., in our prison, at …., […]
14 §5519. Time of service, return and tender of fees
§5519. Time of service, return and tender of fees When such writ is offered to the officer to whom it is directed, he shall receive it. On payment or tender of such sum as the court or justice thereof directs, he shall make due return thereof within 3 days if the place of return is […]
14 §5520. Production of body of restrained person; sickness
§5520. Production of body of restrained person; sickness The person making the return shall, at the same time, bring the body of the party, as commanded in the writ, if in his custody or power or under his restraint, unless prevented by sickness or infirmity of such party. In such case that fact shall be […]