32-22-27. When person discharged may be arrested again.
133 words·~1 min read·
/nd/title-32/chapter-32-22-habeas-corpus/32-22-27·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No person who has been discharged by the order of the court upon habeas corpus can be imprisoned again or kept in custody for the same cause, except in any of the following cases:
1. If the person has been discharged from custody on a criminal charge and is committed
afterwards for the same offense, by legal order or process.
2. If, after a discharge for defect of proof, or for any defect of the process, warrant, or
commitment in a criminal action, the accused is arrested again on sufficient proof and
committed by legal process for the same offense.
3. If in a civil action the party has been discharged for any illegality in the order,
judgment, or process and afterwards is imprisoned by legal process for the same claim
for relief.