21-27-26. Order remanding applicant to custody--Conclusive on second application for writ.
When any person shall be remanded in any habeas corpus proceeding, it shall be the duty of the court or judge remanding him to make out and deliver to the sheriff or other person to whose custody he shall be remanded an order in writing stating the cause or causes of remanding him. If such person shall obtain a second writ of habeas corpus, it shall be the duty of such sheriff, or other person to whom the same shall be directed, to return therewith the order aforesaid, and if it shall appear that such person was remanded for any offense adjudged not bailable, it shall be taken and received as conclusive and the applicant shall be remanded without further proceedings.
Source: CCrimP 1877, §675; CL 1887, §7843; RCCrimP 1903, §775; RC 1919, §4981; SDC 1939 & Supp 1960, §37.5505.
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.