Alaska Statutes Title 12, Chapter 12.75 - Habeas Corpus

• Sec. 12.75.010 Persons Entitled to Prosecute Writ.
  A person imprisoned or otherwise restrained of liberty under any pretense whatsoever, except in the cases specified in AS 12.75.020 , may prosecute a...
• Sec. 12.75.020 Persons Not Entitled to Prosecute Writ.
  A person properly imprisoned or restrained by virtue of the legal judgment of a competent tribunal of civil or criminal jurisdiction, or by virtue...
• Sec. 12.75.030 Offense Not Bailable.
  When it appears that the cause or offense for which the person prosecuting the writ is imprisoned or restrained is not bailable, the production...
• Sec. 12.75.040 Production of Body.
  The person on whom a writ is served shall bring the body of the person in custody or under restraint, according to the command...
• Sec. 12.75.050 Hearing Without Production of Person.
  When, from the sickness or infirmity of the person directed to be produced, that person cannot without danger be brought before the court, the...
• Sec. 12.75.060 Proceedings on Disobedience of Writ.
  If the person upon whom the writ is served refuses or neglects to obey it within the time required, and no sufficient excuse is...
• Sec. 12.75.070 Precept to Peace Officer.
  A court that issues a writ without requiring the production of the person or that issues a warrant may also, at any time before...
• Sec. 12.75.080 Discharge of Party.
  If no legal cause is shown for the imprisonment or restraint, or for its continuation, the court shall discharge the party from the custody...
• Sec. 12.75.090 Remand of Party Legally Detained.
  The court shall remand the party if it appears that the party is legally detained in custody.
• Sec. 12.75.100 Remedy of Person in Custody by Virtue of Civil Process.
  If it appears on the return of the writ that the prisoner is in custody by virtue of an order or civil process of...
• Sec. 12.75.110 Limitation on Scope of Court's Inquiry.
  No court or judge, on the return of a writ of habeas corpus, may inquire into the legality or justice of any order, judgment,...
• Sec. 12.75.120 Proceedings Where Commitment Irregular.
  If it appears by the testimony offered with the return, or upon the hearing that the party is probably guilty of a criminal offense,...
• Sec. 12.75.130 Custody of Party Pending Judgment.
  Until judgment is given upon the return, the party may either be committed to the custody of a peace officer or placed in the...
• Sec. 12.75.140 Admission to Bail.
  A person prosecuting a writ of habeas corpus may, at any time after the writ is allowed, be admitted to bail by the court...
• Sec. 12.75.150 Effect of Admitting to Bail.
  The admitting to bail of a person prosecuting a writ of habeas corpus does not in any manner affect the writ or other proceedings...
• Sec. 12.75.160 Enforcing Judgment of Discharge.
  Obedience to a judgment for the discharge of a person imprisoned or restrained, pursuant to the provisions of this chapter, may be enforced by...
• Sec. 12.75.170 Discharge As Bar to Subsequent Restraint.
  No person who has been discharged by the order of a court upon habeas corpus shall again be imprisoned, restrained, or kept in custody...
• Sec. 12.75.180 Grounds for Warrant in Lieu of Writ.
  When it appears to a court authorized to issue the writ of habeas corpus that a person is illegally imprisoned or restrained, and that...
• Sec. 12.75.190 Warrant May Include Command for Arrest of Defendant.
  When the proof mentioned in AS 12.75.180 is also sufficient to justify the arrest of the person having the party in custody, as for...
• Sec. 12.75.200 Warrant in Lieu of Writ.
  The peace officer to whom the warrant is directed shall execute it by bringing the party named and the person who detains the party,...
• Sec. 12.75.210 Proceedings As to Person Having Party in Custody.
  If the person having the party in custody is brought before the court as for a criminal offense, the person shall be examined, committed,...
• Sec. 12.75.220 Penalty for Refusing to Deliver Copy of or Obey Authority to Detain Party.
  If a peace officer or other person refuses to deliver a copy of an order, warrant, process, or other authority by which the officer...
• Sec. 12.75.230 Appeal.
  A party to a proceeding by habeas corpus may appeal from the judgment of the court refusing to allow the writ or a final...

Last modified: November 15, 2016