21-27-14.1. Judge to hear application.
The application shall be heard before any judge of the court in which the conviction took place. A record of the proceedings shall be made and kept. There may be no proceedings on an application by a judge who imposed sentence on the applicant or who otherwise denied him relief concerning the subject matter involved in the application.
Source: SL 1983, ch 169, ยง12.
Structure South Dakota Codified Laws
Section 21-27-1 - Right of person detained or imprisoned to apply for writ.
Section 21-27-1.1 - Penal institution disciplinary sanctions--Writ not available remedy.
Section 21-27-3.1 - Time for application.
Section 21-27-3.3 - Two-year statute of limitation.
Section 21-27-5 - Writ awarded unless application shows no right to relief.
Section 21-27-5.1 - Second or subsequent application for writ--Leave to file--Dismissal.
Section 21-27-7 - Writ used to produce prisoners for testimony in criminal proceedings.
Section 21-27-8 - Signature and direction of writ--Endorsement by Habeas Corpus Act.
Section 21-27-9.3 - Return to writ--Time for filing--Content.
Section 21-27-11 - Transfer or concealment of applicant to avoid writ as felony.
Section 21-27-12 - Day set for hearing of cause.
Section 21-27-14 - Hearing and disposition of cause by judge.
Section 21-27-14.1 - Judge to hear application.
Section 21-27-15 - Judgment not inquired into on writ.
Section 21-27-16 - Causes for discharge of applicant committed on judicial process.
Section 21-27-18 - Admission to bail of applicant in custody under judicial process.
Section 21-27-19 - Admission to bail on grant of writ.
Section 21-27-21 - Remand to custody or admission to bail pending review of order discharging writ.
Section 21-27-22 - Bail without surety pending review of order discharging prisoner.
Section 21-27-23 - Admission to bail by Supreme Court pending review.
Section 21-27-24 - Terms of bond given on admission to bail--Surety.
Section 21-27-26 - Order remanding applicant to custody--Conclusive on second application for writ.