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2019 South Dakota Codified Laws
Title 21 - Judicial Remedies
Chapter 27 - Habeas Corpus
- § 21-27-1 Right of person detained or imprisoned to apply for writ.
- § 21-27-1.1 Penal institution disciplinary sanctions--Writ not available remedy.
- § 21-27-2 Inquiry into delay in bringing criminal prosecution to trial--Powers of court on return of writ.
- § 21-27-3 Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications.
- § 21-27-3.1 Time for application.
- § 21-27-3.2 Repealed.
- § 21-27-3.3 Two-year statute of limitation.
- § 21-27-4 Counsel appointed for indigent applicant--Counsel fees--Ineffective assistance of counsel.
- § 21-27-5 Writ awarded unless application shows no right to relief.
- § 21-27-5.1 Second or subsequent application for writ--Leave to file--Dismissal.
- § 21-27-6 Forfeiture by judge for refusal or delay in issuing writ--Liability for damages unimpaired.
- § 21-27-7 Writ used to produce prisoners for testimony in criminal proceedings.
- § 21-27-8 Signature and direction of writ--Endorsement by Habeas Corpus Act.
- § 21-27-9 Repealed.
- § 21-27-9.1 Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.
- § 21-27-9.2 Production of applicant--Payment of expenses--Applicant in state hospital or penitentiary.
- § 21-27-9.3 Return to writ--Time for filing--Content.
- § 21-27-10 Contempt and forfeiture by sheriff or jailer for failure to return writ and produce applicant--Liability for damages unaffected.
- § 21-27-11 Transfer or concealment of applicant to avoid writ as felony.
- § 21-27-12 Day set for hearing of cause.
- § 21-27-13 Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return.
- § 21-27-14 Hearing and disposition of cause by judge.
- § 21-27-14.1 Judge to hear application.
- § 21-27-15 Judgment not inquired into on writ.
- § 21-27-16 Causes for discharge of applicant committed on judicial process.
- § 21-27-16.1 Repealed.
- § 21-27-17 New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail.
- § 21-27-18 Admission to bail of applicant in custody under judicial process.
- § 21-27-18.1 Review by Supreme Court--Certificate of probable cause required--Motion for issuance of certificate--Appeal.
- § 21-27-19 Admission to bail on grant of writ.
- § 21-27-20 Supreme Court order required for admission to bail pending application for writ or pending appellate review.
- § 21-27-21 Remand to custody or admission to bail pending review of order discharging writ.
- § 21-27-22 Bail without surety pending review of order discharging prisoner.
- § 21-27-23 Admission to bail by Supreme Court pending review.
- § 21-27-24 Terms of bond given on admission to bail--Surety.
- § 21-27-25 Order for temporary custody of person not held under judicial process--Security required of person granted custody.
- § 21-27-26 Order remanding applicant to custody--Conclusive on second application for writ.
- § 21-27-27 Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody.
- § 21-27-28 Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.
- § 21-27-29 Forfeiture for new arrest or detention after discharge on writ--Liability for damages unaffected.
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