South Dakota
Title 21 · Chapter 21-27
40 entries
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21-27-1. Right of person detained or imprisoned to apply for writ.
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21-27-1.1. Penal institution disciplinary sanctions--Writ not available remedy.
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21-27-2. Inquiry into delay in bringing criminal prosecution to trial--Powers of court on return of writ.
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21-27-3. Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications.
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21-27-3.1. Time for application.
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21-27-3.2. Repealed by SL 2012, ch 118, § 2.
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21-27-3.3. Two-year statute of limitation.
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21-27-4. Counsel appointed for indigent applicant--Counsel fees--Ineffective assistance of counsel.
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21-27-5. Writ awarded unless application shows no right to relief.
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21-27-5.1. Second or subsequent application for writ--Leave to file--Dismissal.
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21-27-6. Repealed.
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21-27-7. Writ used to produce prisoners for testimony in criminal proceedings.
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21-27-8. Signature and direction of writ--Endorsement by Habeas Corpus Act.
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21-27-9. 21-27-9. Repealed by SL 1983, ch 169, § 7.
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21-27-9.1. Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.
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21-27-9.2. Production of applicant--Payment of expenses--Applicant in state hospital or correctional facility.
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21-27-9.3. Return to writ--Time for filing--Content.
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21-27-10. Contempt and forfeiture by sheriff or jailer for failure to return writ and produce applicant--Liability for damages unaffected.
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21-27-11. Transfer or concealment of applicant to avoid writ as felony.
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21-27-12. Day set for hearing of cause.
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21-27-13. Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return.
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21-27-14. Hearing and disposition of cause by judge.
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21-27-14.1. Judge to hear application.
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21-27-15. Judgment not inquired into on writ.
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21-27-16. Causes for discharge of applicant committed on judicial process.
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21-27-16.1. Repealed by SL 2012, ch 118, § 6.
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21-27-17. New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail.
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21-27-18. Admission to bail of applicant in custody under judicial process.
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21-27-18.1. Review by Supreme Court--Certificate of probable cause required--Motion for issuance of certificate--Appeal.
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21-27-19. Admission to bail on grant of writ.
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21-27-20. Supreme Court order required for admission to bail pending application for writ or pending appellate review.
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21-27-21. Remand to custody or admission to bail pending review of order discharging writ.
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21-27-22. Bail without surety pending review of order discharging prisoner.
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21-27-23. Admission to bail by Supreme Court pending review.
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21-27-24. Terms of bond given on admission to bail--Surety.
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21-27-25. Order for temporary custody of person not held under judicial process--Security required of person granted custody.
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21-27-26. Order remanding applicant to custody--Conclusive on second application for writ.
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21-27-27. Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody.
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21-27-28. Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.
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21-27-29. Forfeiture for new arrest or detention after discharge on writ--Liability for damages unaffected.