Arkansas Code Title 16, Subtitle 7, Chapter 112, Subchapter 1 - Appeals -- New Scientific Evidence
- § 16-112-101 - Procedure.
The writ of habeas corpus shall be issued, served, and tried in the manner prescribed in this chapter.
- § 16-112-102 - Officers Permitted to Issue.
(a) (1) The writ of habeas corpus shall be issued upon proper application by a Justice of the Supreme Court or a judge of...
- § 16-112-103 - Petition.
(a) (1) The writ of habeas corpus shall be granted forthwith by any of the officers enumerated in ยง 16-112-102(a) to any person who...
- § 16-112-104 - Bond Prior to Issuance of Writ.
(a) The officer granting the writ may previously require bond, with surety, in sufficient penalty, payable to the state or to the person against...
- § 16-112-105 - Form of Writ.
(a) Writs of habeas corpus may be granted without the seal of the officer but shall be signed by him or her.(b) (1) The...
- § 16-112-106 - Service of Writ.
(a) The writ shall be served by any qualified officer or by any private individual designated by the judge on the person to whom...
- § 16-112-107 - Removal From County Within 15 Days of Term of Certain Court Prohibited -- Exception.
No person charged with a criminal offense shall be removed by a writ of habeas corpus out of the county in which he or...
- § 16-112-108 - Return.
(a) The writ shall be made returnable within three (3) days after it is served. However, if the person is to be brought more...
- § 16-112-109 - Information Relating to Commitment.
(a) When the party for whose relief a writ of habeas corpus has been issued shall stand committed for any criminal or supposed criminal...
- § 16-112-110 - Failure to Produce Petitioner.
If any person on whom a writ of habeas corpus is served fails to bring the body of the petitioner, with a return of...
- § 16-112-111 - Order to Produce Petitioner.
When the person who applies for a writ of habeas corpus shall not be in the custody of a jailor or other officer, the...
- § 16-112-112 - Failure to Produce Person Because of Sickness or Infirmity.
(a) Whenever, from sickness or other infirmity of the person directed to be produced by a writ of habeas corpus, the person cannot, without...
- § 16-112-113 - Denial, Allegations, and Amendment of Return.
(a) The party brought before any court or judge, by virtue of any writ of habeas corpus, may deny the material facts set forth...
- § 16-112-114 - Witnesses.
(a) The officer issuing the writ in vacation or the officer before whom it may be returned for trial shall have the same power...
- § 16-112-115 - Discharge, Remand, Admission to Bail, or Other Order -- Costs.
The judge before whom the writ is returned, after hearing the matter, both upon the return and any other evidence, shall either discharge or...
- § 16-112-116 - Remand Generally.
It shall be the duty of the court or judge forthwith to remand the prisoner if it shall appear that he is held in...
- § 16-112-117 - Admission to Bail or Remand.
Upon the trial of a habeas corpus, if the judge shall be of the opinion that the prisoner has been guilty of a misdemeanor...
- § 16-112-118 - Discharge.
(a) No person shall be discharged under the provisions of this act: (1) Who is in custody or held by virtue of any legal...
- § 16-112-119 - Return of Proceedings.
The proceedings upon a writ of habeas corpus shall be returned to the clerk of the circuit court of the county in which the...
- § 16-112-120 - Subsequent Imprisonment or Commitment Prohibited -- Exceptions.
A person released upon a writ of habeas corpus shall not again be imprisoned or committed for the same offense, except by the legal...
- § 16-112-121 - Second Writ.
(a) If a prisoner remanded under the provisions of this act shall obtain a second writ of habeas corpus, it shall be the duty...
- § 16-112-122 - Issuance of Writ by Judge Without Application.
Whenever any court of record, any justice of the Supreme Court, or any judge of the circuit court or judge of the county court,...
- § 16-112-123 - Writ in Nature of Summary Habeas Corpus.
(a) (1) When it shall appear by satisfactory proof that any person is illegally imprisoned or restrained of his or her liberty and that...
Last modified: November 15, 2016