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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) If a prisoner remanded under the provisions of this act shall obtain a second writ of habeas corpus, it shall be the duty of the officer or other person on whom the writ shall be served to return therewith the order, remanding the prisoner. If it appears that the prisoner was remanded for an offense adjudged not bailable, the prisoner shall forthwith be remanded without further proceedings.
(b) It shall not be lawful for any court or judge, on a second writ of habeas corpus, to discharge the prisoner, if he or she is clearly and specifically charged in the order remanding him or her or in the warrant of commitment, with a criminal offense. However, the prisoner, on the return of the writ, shall be bailed or remanded to prison, according to the circumstances of the case.
Cite this article: FindLaw.com - Arkansas Code Title 16. Practice, Procedure, and Courts § 16-112-121. Proceedings under second writ - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-112-121/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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