South Dakota Codified Laws
Chapter 27 - Habeas Corpus
Section 21-27-5 - Writ awarded unless application shows no right to relief.

21-27-5. Writ awarded unless application shows no right to relief.
The court or judge to whom the application for a writ of habeas corpus is made, shall forthwith award the writ, unless it shall appear from the application itself or from any document annexed thereto, that the applicant can neither be discharged nor admitted to bail, nor in any other manner relieved.

Source: CCrimP 1877, §§671, 672; CL 1887, §§7839, 7840; RCCrimP 1903, §§771, 772; RC 1919, §§4978, 4979; SDC 1939 & Supp 1960, §37.5501.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 27 - Habeas Corpus

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 21-27-2 - Inquiry into delay in bringing criminal prosecution to trial--Powers of court on return of writ.

Section 21-27-3 - Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications.

Section 21-27-3.1 - Time for application.

Section 21-27-3.3 - Two-year statute of limitation.

Section 21-27-4 - Counsel appointed for indigent applicant--Counsel fees--Ineffective assistance of counsel.

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 21-27-6 - Forfeiture by judge for refusal or delay in issuing writ--Liability for damages unimpaired.

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 21-27-9.1 - Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.

Section 21-27-9.2 - Production of applicant--Payment of expenses--Applicant in state hospital or penitentiary.

Section 21-27-9.3 - Return to writ--Time for filing--Content.

Section 21-27-10 - Contempt and forfeiture by sheriff or jailer for failure to return writ and produce applicant--Liability for damages unaffected.

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 21-27-13 - Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return.

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 21-27-17 - New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail.

Section 21-27-18 - Admission to bail of applicant in custody under judicial process.

Section 21-27-18.1 - Review by Supreme Court--Certificate of probable cause required--Motion for issuance of certificate--Appeal.

Section 21-27-19 - Admission to bail on grant of writ.

Section 21-27-20 - Supreme Court order required for admission to bail pending application for writ or pending appellate review.

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 21-27-25 - Order for temporary custody of person not held under judicial process--Security required of person granted custody.

Section 21-27-26 - Order remanding applicant to custody--Conclusive on second application for writ.

Section 21-27-27 - Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody.

Section 21-27-28 - Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.

Section 21-27-29 - Forfeiture for new arrest or detention after discharge on writ--Liability for damages unaffected.