No person who has been discharged by the order of a court upon habeas corpus shall again be imprisoned, restrained, or kept in custody for the same cause except in the following cases:
(1) if the party has been discharged from a commitment on a criminal charge and is afterwards committed for the same offense by legal order or process;
(2) if, after a judgment or discharge for a defect of evidence, or for a material defect in the commitment, in a criminal case, the party is again arrested on sufficient evidence and committed by legal process for the same offense;
(3) if, after a civil action, the party has been discharged for any illegality in the judgment, decree, or process specified in AS 12.75.100, and is afterwards imprisoned for the same cause of action;
(4) if, in a civil action, the party has been discharged from commitment on an order of arrest, and is afterwards committed on execution, in the same action, or on order of arrest in another action, after the dismissal of the first action.
Structure Alaska Statutes
Title 12. Code of Criminal Procedure
Sec. 12.75.010. Persons entitled to prosecute writ.
Sec. 12.75.020. Persons not entitled to prosecute writ.
Sec. 12.75.030. Offense not bailable.
Sec. 12.75.040. Production of body.
Sec. 12.75.050. Hearing without production of person.
Sec. 12.75.060. Proceedings on disobedience of writ.
Sec. 12.75.070. Precept to peace officer.
Sec. 12.75.080. Discharge of party.
Sec. 12.75.090. Remand of party legally detained.
Sec. 12.75.100. Remedy of person in custody by virtue of civil process.
Sec. 12.75.110. Limitation on scope of court's inquiry.
Sec. 12.75.120. Proceedings where commitment irregular.
Sec. 12.75.130. Custody of party pending judgment.
Sec. 12.75.140. Admission to bail.
Sec. 12.75.150. Effect of admitting to bail.
Sec. 12.75.160. Enforcing judgment of discharge.
Sec. 12.75.170. Discharge as bar to subsequent restraint.
Sec. 12.75.180. Grounds for warrant in lieu of writ.
Sec. 12.75.190. Warrant may include command for arrest of defendant.
Sec. 12.75.200. Warrant in lieu of writ.
Sec. 12.75.210. Proceedings as to person having party in custody.
Sec. 12.75.220. Penalty for refusing to deliver copy of or obey authority to detain party.