2013 Idaho Statutes
Title 19 - CRIMINAL PROCEDURE
Chapter 42 - HABEAS CORPUS AND INSTITUTIONAL LITIGATION PROCEDURES ACT
Section 19-4209 - PROCEDURES GOVERNING PRISONER HABEAS CORPUS PROCEEDINGS.
(2) If the court finds that the petition should not be dismissed, then:
(3) If the court orders a response to a petition for writ of habeas corpus under this section, the respondent may file any responsive motion or pleading allowed by Idaho rules of civil procedure.
(4) Upon the filing of a responsive motion or pleading, a prisoner may file a reply to the response or the court may order a reply to the response on its own motion. The court should consider any reply filed only to the extent it is relevant to the issues and allegations raised in the original petition for writ of habeas corpus.
(5) With respect to a petition filed by an in-state prisoner the court should not grant a writ of habeas corpus or order an evidentiary hearing under this section unless, after reviewing the petition for writ of habeas corpus, the response and the reply, if any, the court finds that the prisoner's state or federal constitutional rights may have been violated relative to:
If, after review under this subsection, the court finds that the allegations do not state a state or federal constitutional claim, the court may dismiss the petition without a hearing.
(6) With respect to a petition filed by an out-of-state prisoner, the court should not grant a writ of habeas corpus or order an evidentiary hearing under this section unless, after reviewing the petition for writ of habeas corpus, the response and the reply, if any, the court finds that the out-of-state prisoner's state or federal constitutional rights may have been violated relative to the out-of-state prisoner's conditions of confinement. If, after review under this subsection, the court finds that the allegations do not state a state or federal constitutional claim, the court may dismiss the petition without a hearing.
(7) If the court issues a writ of habeas corpus and sets the matter for evidentiary hearing, the following shall apply:
History:
[19-4209, added 1999, ch. 376, sec. 2, p. 1029; am. 2000, ch. 271, sec. 5, p. 781.]
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