21-27-1. Right of person detained or imprisoned to apply for writ. Any person committed or detained, imprisoned or restrained of his liberty, under any color or pretense whatever, civil or criminal, except as provided herein, may apply to the Supreme or circuit court, or any justice or judge thereof, for a writ of habeas corpus. […]
21-27-1.1. Penal institution disciplinary sanctions–Writ not available remedy. A writ of habeas corpus is not a remedy available to an applicant who is incarcerated or detained under a lawful order, or judgment and sentence to seek relief from sanctions imposed upon an applicant or administrative decisions made with regard to such application arising out of […]
21-27-10. Contempt and forfeiture by sheriff or jailer for failure to return writ and produce applicant–Liability for damages unaffected. If any officer, sheriff, jailer, keeper, or other person to whom any writ of habeas corpus is directed shall neglect or refuse to make the return, or to bring the body of the applicant according to […]
21-27-11. Transfer or concealment of applicant to avoid writ as felony. Anyone having a person in his custody or under his restraint, power, or control for whose relief a writ of habeas corpus is issued who, with intent to avoid the effect of such writ, shall transfer such person to the custody, or place him […]
21-27-12. Day set for hearing of cause. Upon the return of the writ of habeas corpus, a day shall be set for the hearing of the cause of imprisonment or detainer, not exceeding thirty days thereafter, unless for good cause additional or less time is allowed. Source: CCrimP 1877, §673; CL 1887, §7841; RCCrimP 1903, […]
21-27-13. Denials and new allegations in applicant’s answer to return of writ–Amendment of return and suggestions against return. The applicant for a writ of habeas corpus may deny any of the material facts set forth in the return or may allege any fact to show, either that the imprisonment or detention is unlawful or that […]
21-27-14. Hearing and disposition of cause by judge. The court or judge shall proceed in a summary way to settle the facts by hearing the evidence and arguments, as well of all persons interested civilly, if any there be, as of the applicant and the person who holds him in custody, and shall dispose of […]
21-27-14.1. Judge to hear application. The application shall be heard before any judge of the court in which the conviction took place. A record of the proceedings shall be made and kept. There may be no proceedings on an application by a judge who imposed sentence on the applicant or who otherwise denied him relief […]
21-27-15. Judgment not inquired into on writ. No court or judge, on the return of a writ of habeas corpus, shall in any other manner inquire into the legality or justice of a judgment or decree of a court legally constituted. Source: CCrimP 1877, §673; CL 1887, §7841; RCCrimP 1903, §773; RC 1919, §4980; SDC […]
21-27-16. Causes for discharge of applicant committed on judicial process. If it appears on the return of a writ of habeas corpus that the applicant is in custody by virtue of process from any court legally constituted, he can be discharged only for one or more of the following causes: (1)When the court has exceeded […]
21-27-17. New commitment in criminal case to remedy defects in previous commitment–Admission of applicant to bail. In all cases where the imprisonment is in a criminal, or supposed criminal matter, if it shall appear to the court or judge that there is sufficient legal cause for the commitment of the applicant, although such commitment may […]
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, […]
21-27-18.1. Review by Supreme Court–Certificate of probable cause required–Motion for issuance of certificate–Appeal. A final judgment or order entered under this chapter may not be reviewed by the Supreme Court of this state on appeal unless the circuit judge who renders the judgment or a justice of the Supreme Court issues a certificate of probable […]
21-27-19. Admission to bail on grant of writ. When the writ of habeas corpus is granted, the court or judge granting the writ may, within its discretion, admit the prisoner to bail, pending further order of the court. Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, §37.5509 (1).
21-27-2. Inquiry into delay in bringing criminal prosecution to trial–Powers of court on return of writ. Any person committed for a criminal offense and not brought to trial, as provided by the provisions of this code, is entitled to have the delay inquired into upon a writ of habeas corpus, and the court or judge, […]
21-27-20. Supreme Court order required for admission to bail pending application for writ or pending appellate review. The prisoner shall not be admitted to bail pending application for the writ of habeas corpus, or pending appellate review of an order refusing the writ, except by order of the Supreme Court or one of the judges […]
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 […]
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).
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 […]
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 […]
