Habeas Corpus

  1. Law
  2. South Dakota Codified Laws
  3. Judicial Remedies
  4. Habeas Corpus

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Section
21-27-1

Right of person detained or imprisoned to apply for writ.

Section
21-27-1.1

Penal institution disciplinary sanctions--Writ not available remedy.

Section
21-27-2

Inquiry into delay in bringing criminal prosecution to trial--Powers of court on return of writ.

Section
21-27-3

Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications.

Section
21-27-3.1

Time for application.

Section
21-27-3.2

Repealed.

Section
21-27-3.3

Two-year statute of limitation.

Section
21-27-4

Counsel appointed for indigent applicant--Counsel fees--Ineffective assistance of counsel.

Section
21-27-5

Writ awarded unless application shows no right to relief.

Section
21-27-5.1

Second or subsequent application for writ--Leave to file--Dismissal.

Section
21-27-6

Forfeiture by judge for refusal or delay in issuing writ--Liability for damages unimpaired.

Section
21-27-7

Writ used to produce prisoners for testimony in criminal proceedings.

Section
21-27-8

Signature and direction of writ--Endorsement by Habeas Corpus Act.

Section
21-27-9

Repealed.

Section
21-27-9.1

Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.

Section
21-27-9.2

Production of applicant--Payment of expenses--Applicant in state hospital or penitentiary.

Section
21-27-9.3

Return to writ--Time for filing--Content.

Section
21-27-10

Contempt and forfeiture by sheriff or jailer for failure to return writ and produce applicant--Liability for damages unaffected.

Section
21-27-11

Transfer or concealment of applicant to avoid writ as felony.

Section
21-27-12

Day set for hearing of cause.

Section
21-27-13

Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return.

Section
21-27-14

Hearing and disposition of cause by judge.

Section
21-27-14.1

Judge to hear application.

Section
21-27-15

Judgment not inquired into on writ.

Section
21-27-16

Causes for discharge of applicant committed on judicial process.

Section
21-27-16.1

Repealed.

Section
21-27-17

New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail.

Section
21-27-18

Admission to bail of applicant in custody under judicial process.

Section
21-27-18.1

Review by Supreme Court--Certificate of probable cause required--Motion for issuance of certificate--Appeal.

Section
21-27-19

Admission to bail on grant of writ.

Section
21-27-20

Supreme Court order required for admission to bail pending application for writ or pending appellate review.

Section
21-27-21

Remand to custody or admission to bail pending review of order discharging writ.

Section
21-27-22

Bail without surety pending review of order discharging prisoner.

Section
21-27-23

Admission to bail by Supreme Court pending review.

Section
21-27-24

Terms of bond given on admission to bail--Surety.

Section
21-27-25

Order for temporary custody of person not held under judicial process--Security required of person granted custody.

Section
21-27-26

Order remanding applicant to custody--Conclusive on second application for writ.

Section
21-27-27

Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody.

Section
21-27-28

Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.

Section
21-27-29

Forfeiture for new arrest or detention after discharge on writ--Liability for damages unaffected.