2017 Wisconsin Statutes & Annotations
Chapter 782. Habeas corpus.
782.32 Reimprisonment for same cause; when cause not same.

Universal Citation: WI Stat § 782.32 (2017)

782.32 Reimprisonment for same cause; when cause not same. No person who has been discharged by the final order of any court or officer upon a writ of habeas corpus issued pursuant to the provisions of this chapter shall be again imprisoned, restrained or kept in custody for the same cause; but it shall not be deemed the same cause:

(1) If the person has been discharged from a commitment on a criminal charge and is afterwards committed for the same offense by the legal order or process of the court wherein the person is bound by recognizance to appear or in which the person is informed against, indicted or convicted for the same offense; or

(2) If after a discharge for defect of proof or for any material defect in the commitment in any criminal case the prisoner be again arrested on sufficient proof and committed by legal process for the same offense; or

(3) If in a civil action the party has been discharged for any illegality in the judgment or process hereinbefore specified and is afterward imprisoned by legal process for the same cause or action; or

(4) If in any civil action the person has been discharged from commitment on mesne process and shall be afterwards committed on execution in the same cause or on mesne process in any other cause after such first action shall have been discontinued.

History: 1979 c. 32 s. 59; 1979 c. 176; Stats. 1979 s. 782.32.

Cross-reference: Effect of release on habeas corpus upon term of imprisonment, see s. 973.16.

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