by admin | May 13, 2021 | Crimianl Procedure, Louisiana
A writ of habeas corpus may be served by a person over the age of twenty-one who is capable of testifying. If the writ is served by someone other than a sheriff, the affidavit of the person who served it shall be prima facie proof of such service.La. Cr.P. §...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
The court to which the application is presented shall immediately grant a writ of habeas corpus, unless it appears by the petition itself or by the documents annexed to it that the person in custody is not entitled to be set at liberty. The writ may issue at any time...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
An application for a writ of habeas corpus shall be by written petition addressed to a competent court by the person in custody or by some other person in his behalf. If the custody is by virtue of or under pretext of a court order, a copy of such order shall be...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Habeas corpus proceedings by or on behalf of a person in custody shall be instituted in the parish in which the person is in custody.La. Cr.P. § 352Amended by Acts 1980, No. 429, §2, eff. Jan. 1, 1981.
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
Habeas corpus is a writ commanding a person who has another in his custody to produce him before the court and to state the authority for the custody.”Custody” as used in this Title means detention or confinement as a result of or incidental to an...
by admin | May 13, 2021 | Crimianl Procedure, Louisiana
La. Cr.P. § 349.9Repealed by Acts 2016, No. 613,s. 4, eff. 1/1/2017.Acts 2010, No. 914, §1.
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