21-27 HABEAS CORPUS
Right of person detained or imprisoned to apply for writ.
Penal institution disciplinary sanctions--Writ not available remedy.
Inquiry into delay in bringing criminal prosecution to trial--Powers of court on return
Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications.
Time for application.
Two-year statute of limitation.
Counsel appointed for indigent applicant--Counsel fees--Ineffective assistance of
Writ awarded unless application shows no right to relief.
Second or subsequent application for writ--Leave to file--Dismissal.
Forfeiture by judge for refusal or delay in issuing writ--Liability for damages
Writ used to produce prisoners for testimony in criminal proceedings.
Signature and direction of writ--Endorsement by Habeas Corpus Act.
Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.
Production of applicant--Payment of expenses--Applicant in state hospital or
Return to writ--Time for filing--Content.
Contempt and forfeiture by sheriff or jailer for failure to return writ and produce
applicant--Liability for damages unaffected.
Transfer or concealment of applicant to avoid writ as felony.
Day set for hearing of cause.
Denials and new allegations in applicant's answer to return of writ--Amendment of
return and suggestions against return.
Hearing and disposition of cause by judge.
Judge to hear application.
Judgment not inquired into on writ.
Causes for discharge of applicant committed on judicial process.
New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail.
Admission to bail of applicant in custody under judicial process.
Review by Supreme Court--Certificate of probable cause required--Motion for
issuance of certificate--Appeal.
Admission to bail on grant of writ.
Supreme Court order required for admission to bail pending application for writ or
pending appellate review.
Remand to custody or admission to bail pending review of order discharging writ.
Bail without surety pending review of order discharging prisoner.
Admission to bail by Supreme Court pending review.
Terms of bond given on admission to bail--Surety.
Order for temporary custody of person not held under judicial process--Security
required of person granted custody.
Order remanding applicant to custody--Conclusive on second application for writ.
Discharge on second writ unlawful where crime charged--Admission to bail or
remand to custody.
Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.
Forfeiture for new arrest or detention after discharge on writ--Liability for damages