Granting of writ; remand of prisoner

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13-4123. Granting of writ; remand of prisoner

A. The writ of habeas corpus may be granted:

1. By the supreme court or any judge thereof. When so issued it may be made returnable before the court or any judge thereof, or before any superior court or any judge thereof.

2. By the superior court or a judge thereof, in their respective counties.

B. If the writ is granted by a superior court or judge, and after hearing thereof the prisoner has been remanded, he shall not be discharged from custody by the same or any other superior court or judge, unless upon some ground not existing at the time of issuing the prior writ, or unless upon some point of law not raised at the hearing upon the return of the prior writ.


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