If it appears that the party is in custody by virtue of process from any court legally constituted or issued by any officer in the course of judicial proceedings before him authorized by law, he can only be discharged under a writ of habeas corpus where:
(1) The jurisdiction of such court has been exceeded, either as to matter, place, sum or person;
(2) Though the original imprisonment was lawful, the party has become entitled to his discharge by reason of some subsequent act, omission or event;
(3) The process is void in consequence of some defect in matter or substance required by law;
(4) The process, though in proper form, was issued in a case or under circumstances not allowed by law;
(5) The process is not authorized by any judgment, order or decree nor by any provision of the law; or
(6) The person who has the custody of him under any order or process is not the person authorized by law to detain him.
Structure Code of Alabama
Title 15 - Criminal Procedure.
Section 15-21-1 - Persons Entitled to Prosecute Writ - Generally.
Section 15-21-3 - Persons Entitled to Prosecute Writ - Persons Confined as Insane.
Section 15-21-4 - Application to Be Made by Petition; Contents of Petition.
Section 15-21-5 - Description of Party if Name Uncertain or Unknown.
Section 15-21-6 - To Whom Petition Addressed.
Section 15-21-8 - Writ to Be Granted Without Delay; to Whom Writ Returnable.
Section 15-21-9 - Form of Writ.
Section 15-21-12 - Notice to Any Other Person Having Interest Required.
Section 15-21-14 - Issuance of Precept; Execution of Precept by Sheriff or Constable.
Section 15-21-15 - Subpoenas for Witnesses.
Section 15-21-16 - Service of Writ.
Section 15-21-17 - When Return to Be Made; Form and Contents of Return.
Section 15-21-19 - Proceedings When Person Not Produced on Account of Sickness or Infirmity.
Section 15-21-21 - When Party to Be Discharged or Remanded.
Section 15-21-23 - Judgment, etc., or Contempt Commitment Not to Be Inquired Into.
Section 15-21-24 - Grounds for Discharge of Person in Custody Under Process Legally Issued.
Section 15-21-26 - Reimprisonment for Same Cause After Discharge.
Section 15-21-28 - Penalty - Refusal or Neglect to Deliver True Copy of Detention Order, Etc.
Section 15-21-30 - Attachment to Compel Obedience and Punish for Contempt.
Section 15-21-31 - Penalty for Transferring Custody, etc., So as to Elude Service or Effect of Writ.
Section 15-21-32 - Proceedings Against Defaulting Witnesses.
Section 15-21-33 - Taxation and Collection of Fees and Costs of Witnesses.
Section 15-21-34 - Summoning and Compensation of Guards to Convey Prisoner.