The privilege of the writ of habeas corpus shall never be suspended, unless, in case of rebellion or invasion, the public safety requires it.

ANNOTATIONS

Cross references. — For supreme court's power to issue habeas corpus, see N.M. Const., art. VI, § 3.

For district court's power to issue habeas corpus, see N.M. Const., art. VI, § 13.

See Kearny Bill of Rights, cl. 9, on NMOneSource.com..

For statutory habeas corpus provisions generally, see 44-1-1 to 44-1-38 NMSA 1978.

Comparable provisions. — Idaho Const., art. I, § 5.

Iowa Const., art. I, § 13.

Utah Const., art. I, § 5.

Wyoming Const., art. I, § 17.

"Special proceeding" under 39-3-7 NMSA 1978. — A habeas corpus proceeding is not a special statutory proceeding as contemplated by Laws 1937, ch. 197 (39-3-7 NMSA 1978), which authorized appeals from final judgment of district court to supreme court. In re Forest, 1941-NMSC-019, 45 N.M. 204, 113 P.2d 582.

Writ properly refused. — Where, prior to trial, defendant requested a writ of habeas corpus ad testificandum requiring the appearance of a witness who was then incarcerated, but witness would claim the fifth amendment upon the subject indicated, the court stated that it would be a useless gesture and refused the request. Murdock v. United States, 283 F.2d 585 (10th Cir. 1960), cert. denied, 366 U.S. 953, 81 S. Ct. 1910, 6 L. Ed. 2d 1246 (1961).

Law reviews. — For note, "Post-Conviction Relief After Release From Custody: A Federal Message and a New Mexico Remedy," see 9 Nat. Resources J. 85 (1969).

For article, "Habeas Corpus in New Mexico," see 11 N.M. L. Rev. 291 (1981).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus §§ 1 to 7.

Whether habeas corpus is a civil or criminal remedy as affecting state's right to appeal from discharge, 10 A.L.R. 401, 30 A.L.R. 1322.

Appeal from conviction, right to, as affected by discharge on habeas corpus, 18 A.L.R. 873, 74 A.L.R. 638.

Habeas corpus to test constitutionality of ordinance under which a petitioner is held, 32 A.L.R. 1054.

Appeal from conviction, power to grant writ of habeas corpus pending, 52 A.L.R. 876.

Habeas corpus as remedy for delay in bringing accused to trial or to retrial after reversal, 58 A.L.R. 1512.

Federal court, discharge on habeas corpus in, from custody under process of state court for acts done under federal authority, 65 A.L.R. 733.

Statutory remedy as exclusive of remedy by habeas corpus otherwise available, 75 A.L.R. 567.

Liability for statutory penalty of judge, court administrative officer or other custodian of person, in connection with habeas corpus proceedings, 84 A.L.R. 807.

Assistance of counsel, relief in habeas corpus for violation of accused's rights to, 146 A.L.R. 369.

Conviction of offense other than that charged in indictment or information, habeas corpus as remedy, 154 A.L.R. 1135.

Mistreatment of prisoner lawfully in custody as ground for habeas corpus, 155 A.L.R. 145.

Former jeopardy as ground for habeas corpus, 8 A.L.R.2d 285.

Court's power and duty, pending determination of habeas corpus proceeding on merits, to admit petitioner to bail, 56 A.L.R.2d 668.

Anticipatory relief in federal courts against state criminal prosecutions growing out of civil rights activities, 8 A.L.R.3d 301.

Modern status of rule relating to jurisdiction of state court to try criminal defendant brought within jurisdiction illegally or as result of fraud or mistake, 25 A.L.R.4th 157.

When is a person in custody of governmental authorities for purpose of exercise of remedy of habeas corpus, 26 A.L.R.4th 455.

Propriety of federal court's considering state prisoner's petition under 28 USC § 2254 where prisoner has exhausted state remedies as to some, but not all, claims in petition, 43 A.L.R. Fed. 631.

Review by federal civil courts of court-martial convictions, 95 A.L.R. Fed. 472.

39 C.J.S. Habeas Corpus §§ 2 to 5.