Sec. 4364.
No person who has been discharged by the order of any court or judge upon habeas corpus shall be again restrained for the same cause. It is not the same cause if:
(1) He was discharged from a commitment on a criminal charge, and is afterwards committed for the same offense, by the legal order or process of the court wherein he is bound by recognizance to appear, or in which he is indicted or convicted for the same offense; or
(2) After a discharge for defect of proof, or for any material defect in the commitment, in a criminal case, the prisoner is again arrested on sufficient proof, and committed by legal process for the same offense; or
(3) In a civil suit the party was discharged for any illegality in the judgment or process and is afterwards imprisoned by legal process for the same cause of action; or
(4) In any civil suit in which process may lawfully issue against the body, he was discharged from commitment on original process, and is afterwards committed on execution in the same cause, or on original process in any other suit, after such first suit was discontinued.
History: 1961, Act 236, Eff. Jan. 1, 1963
Structure Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)
236-1961-43 - Chapter 43 Habeas Corpus (600.4301...600.4387)
Section 600.4301 - Habeas Corpus; Provisions of Chapter; Applicability.
Section 600.4304 - Habeas Corpus; Power to Issue Writ.
Section 600.4307 - Habeas Corpus; Right to Bring Action.
Section 600.4310 - Habeas Corpus; Persons Not Entitled to Writ.
Section 600.4313 - Habeas Corpus; Refusal to Consider; Malfeasance of Judge.
Section 600.4316 - Habeas Corpus; Granting of Writ.
Section 600.4319 - Habeas Corpus; Custody of Child.
Section 600.4322 - Habeas Corpus; “Prisoner” Defined.
Section 600.4325 - Habeas Corpus; Person Served; Duty to Bring Body of Prisoner.
Section 600.4328 - Habeas Corpus; Sickness or Infirmity of Prisoner.
Section 600.4334 - Arrest in Support of Writ.
Section 600.4337 - Warrant for Prisoner in Lieu of Habeas Corpus; Issuance.
Section 600.4340 - Arrest of Person Having Custody of Prisoner; Warrant.
Section 600.4343 - Arrest of Person Having Custody of Prisoner; Execution of Warrant.
Section 600.4346 - Arrest of Person Having Custody of Prisoner; Procedure.
Section 600.4349 - Custody of Prisoner.
Section 600.4355 - Remanding of Prisoner.
Section 600.4358 - Discharge of Prisoner in Civil Cases.
Section 600.4361 - Remanding or Commitment of Prisoner.
Section 600.4364 - Recommitment of Prisoner; Causes.
Section 600.4367 - Recommitment of Prisoner; Violation of Section; Penalty.
Section 600.4370 - Concealment of Prisoner; Misdemeanor.
Section 600.4373 - Concealment of Prisoner; Aiding; Misdemeanor.
Section 600.4376 - Concealment of Prisoner; Misdemeanor; Penalty.
Section 600.4385 - Habeas Corpus for Witness; Issuance; Transfer of Prisoner.
Section 600.4387 - Habeas Corpus; Liability of Officer for Disobedience to Writ.