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16-112-103. Petition.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-112-103. Petition.
(a)(1) The writ of habeas corpus shall be granted forthwith by any of the officers enumerated in § 16-112-102(a) to any person who shall apply for the writ by petition showing, by affidavit or other evidence, probable cause to believe he or she is detained without lawful authority, is imprisoned when by law he or she is entitled to bail, or who has alleged actual innocence of the offense or offenses for which the person was convicted.
(2) The procedures for persons who allege actual innocence shall be in accordance with § 16-112-201 et seq.
(b)(1) The writ of habeas corpus shall be granted upon the application, and in the name of the father, mother, guardian, or next friend of any married woman or infant, against any person who shall unlawfully have or detain in custody or bondage any infant or married woman.
(2) Similar proceedings shall be had for hearing and determining the cause and affording the relief demanded as in other cases.
(c) Writs of habeas corpus shall issue upon the application of the husband, father, mother, guardian, or next friend of any married woman or infant detained by any religious or other association or by persons acting under the authority of the association. The prosecuting attorney, where the detention is made, shall prosecute the writ without fee, if required to do so.
(d) If the restraint or confinement is by virtue of any warrant, order, or process, a copy thereof must accompany the petition, or it must appear by affidavit annexed thereto, showing that by reason of the person being concealed before the application, a demand of the copy could not be made, or that the demand was made of the person by whom the prisoner is confined or restrained, and a copy refused.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-112-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:16-112-103
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 47c19fea92303ef5e1c224ce3a7321bcf689965a8800fcffe68472cb85480344
Source location: content.xml paragraph 45458
Stored source content
16-112-103. Petition.
(a)(1) The writ of habeas corpus shall be granted forthwith by any of the officers enumerated in § 16-112-102(a) to any person who shall apply for the writ by petition showing, by affidavit or other evidence, probable cause to believe he or she is detained without lawful authority, is imprisoned when by law he or she is entitled to bail, or who has alleged actual innocence of the offense or offenses for which the person was convicted.
(2) The procedures for persons who allege actual innocence shall be in accordance with § 16-112-201 et seq.
(b)(1) The writ of habeas corpus shall be granted upon the application, and in the name of the father, mother, guardian, or next friend of any married woman or infant, against any person who shall unlawfully have or detain in custody or bondage any infant or married woman.
(2) Similar proceedings shall be had for hearing and determining the cause and affording the relief demanded as in other cases.
(c) Writs of habeas corpus shall issue upon the application of the husband, father, mother, guardian, or next friend of any married woman or infant detained by any religious or other association or by persons acting under the authority of the association. The prosecuting attorney, where the detention is made, shall prosecute the writ without fee, if required to do so.
(d) If the restraint or confinement is by virtue of any warrant, order, or process, a copy thereof must accompany the petition, or it must appear by affidavit annexed thereto, showing that by reason of the person being concealed before the application, a demand of the copy could not be made, or that the demand was made of the person by whom the prisoner is confined or restrained, and a copy refused.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-112-102. Officers permitted to issue.
(a)(1) The writ of habeas corpus shall be issued upon proper application by a Justice of the Supreme Court or a judge of the circuit court. The power of the Supreme Court and circuit court to issue writs of habeas corpus shall be coextensive with the state.
(2)(A) The county judge shall have power coextensive with his or her county in the absence of the circuit judge therefrom to issue, hear, and determine writs of habeas corpus on proper application of parties entitled thereto, in all cases and with like powers, in which the circuit judge may issue and determine a writ of habeas corpus.
(B) However, no county judge shall have power to issue or hear any writ of habeas corpus in any case in which an indictment has been found by a grand jury.
(b) If any officer enumerated in subsection (a) of this section shall, when legally applied to, refuse to issue the writ of habeas corpus to the petitioner, he or she shall forfeit and pay to the petitioner five hundred dollars ($500).
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-112-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-112-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-112-201. Writ of Habeas Corpus — New scientific evidence.
(a) Except when direct appeal is available, a person convicted of a crime may commence a proceeding to secure relief by filing a petition in the court in which the conviction was entered to vacate and set aside the judgment and to discharge the petitioner or to resentence the petitioner or grant a new trial or correct the sentence or make other disposition as may be appropriate, if the person claims under penalty of perjury that:
(1) Scientific evidence not available at trial establishes the petitioner's actual innocence; or
(2) The scientific predicate for the claim could not have been previously discovered through the exercise of due diligence and the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable fact-finder would find the petitioner guilty of the underlying offense.
(b) Nothing contained in this subchapter shall prevent the Supreme Court or the Court of Appeals, upon application by a party, from granting a stay of an appeal to allow an application to the trial court for an evidentiary hearing under this subchapter.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-112-201
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-112-201. This identifies an authority to review, not proof of applicability.