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Repealed
Repealed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Repealed
Repealed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Repealed
Repealed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Repealed
Repealed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