by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A person discharged from custody in a habeas corpus proceeding may be rearrested if a legal ground exists therefor.La. Cr.P. § 367
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
At the time of issuing the writ the court may render a special order concerning the custody of the person from the time the writ is served until rendition of judgment.La. Cr.P. § 366
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
If the person in custody is being held not by virtue of a court order, the custodian shall have the burden of proving the legality of the custody and of showing good cause why the person in custody should not be released.If the person in custody is being held by...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The court shall issue a new warrant of arrest when it appears that there exists sufficient legal ground for the custody of the person based on an offense with which he may be charged, although the order for the custody may have been rendered in an irregular or...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The writ of habeas corpus shall not be granted to a convicted person for a cause under Article 362, if he may appeal, or has done so and the appeal is pending.La. Cr.P. § 363
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
If the person in custody is being held by virtue of a court order, relief shall be granted only on the following grounds:(1) The court has exceeded its jurisdiction;(2) The original custody was lawful, but by some act, omission, or event which has since occurred, the...
Recent Comments