by admin | May 13, 2021 | Crimianl Procedure, Louisiana
If the person in custody is being held not by virtue of a court order, the court, after the hearing, shall discharge or refuse to discharge the person from custody as justice may require.La. Cr.P. ยง 361
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
At the time and place fixed in the writ for the answer thereto, the court shall proceed summarily to hear the evidence and reasons adduced by the person in custody and by the custodian. The hearing shall be held in open court and may be held in term time or in...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
If the person in custody cannot for any reason be brought before the court, the reasons therefor shall be stated in the answer. If the court is satisfied with the reasons stated, the hearing may proceed without his presence. If the court is not satisfied with the...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
If the custody has been transferred prior to service of the writ, the person upon whom the writ was served shall state in his answer the name and address of the person to whom custody was transferred, the time of and the authority for the transfer, and the place where...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The person upon whom the writ has been served, whether it is directed to him or not, shall file a written answer, signed and sworn to by him stating whether he has custody of the person named in the writ. If the person is in his custody, he shall produce him and state...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Service of the writ may be made on any day by:(1) Delivering it to the person to whom it is addressed;(2) Informing him of its contents if he refuses to receive it; or(3) Attaching the writ to an entrance door of the residence of the person to be served or of the...
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