2016 New Jersey Revised Statutes
Title 2a - Administration Of Civil And Criminal Justice
Section 2A:67-14 - Who May Not Prosecute Writ

NJ Rev Stat § 2A:67-14 (2016) What's This?

2A:67-14. Who may not prosecute writ
The persons hereinafter specified shall not be entitled to prosecute writ of habeas corpus:

a. Any person committed or restrained of his liberty by virtue of any process issued by any court of the United States, or any judge thereof, in cases where such court or judge has or shall have acquired exclusive jurisdiction.

b. Any person committed or restrained of his liberty by virtue of a final judgment of a competent tribunal of civil or criminal jurisdiction or by virtue of any process issued pursuant thereto, but no order of commitment for an alleged contempt, or upon contempt proceedings, to enforce the rights or remedies of a party or any process issued upon such order shall be deemed a final judgment or a process issued pursuant to a final judgment within the meaning of this section.

c. Any person in custody or restrained of his liberty for any capital crime plainly and specially expressed in the warrant or commitment, unless the judge to whom the application is made, as an act of discretion, shall direct the issuance of the writ.

d. Any person in custody or restrained of his liberty on any civil process who does not show either that he has, prior to applying for the writ, exhausted the other remedies available to him in the courts of this state to secure his release or that such remedies are or will be ineffective to protect his rights.

L.1951 (1st SS), c.344


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