§ 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
§ 21-27-3.3 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 Forfeiture by judge for refusal or delay in issuing writ–Liability for damages unimpaired
§ 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
§ 21-27-9.1 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
§ 21-27-17 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
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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 27 - Habeas Corpus

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Statute: A law passed by a legislature.
  • Testify: Answer questions in court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2