Rhode Island General Laws 10-9-22. Appeals and exceptions barred – Subsequent application to supreme court allowed
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No appeal or exception shall lie to the judgment of the superior court in habeas corpus; but if the superior court shall remand the person imprisoned or restrained, the superior court’s judgment shall not bar an application to the supreme court, or a justice thereof, for another writ upon the same facts.
History of Section.
C.P.A. 1905, § 670; G.L. 1909, ch. 305, § 19; G.L. 1923, ch. 356, § 19; G.L. 1938, ch. 584, § 19; G.L. 1956, § 10-9-22.
Terms Used In Rhode Island General Laws 10-9-22
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.