Current as of January 01, 2019 | Updated by FindLaw Staff
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If the person in custody is being held by virtue of a court order, relief shall be granted only on the following grounds:
(1) The court has exceeded its jurisdiction;
(2) The original custody was lawful, but by some act, omission, or event which has since occurred, the custody has become unlawful;
(3) The order for the custody is deficient in some legal requisite;
(4) The order for the custody, although legal in form, imposes an illegal custody;
(5) The custodian is not the person allowed by law to detain the person in custody;
(6) He has been denied his right to a hearing in an extradition case, as provided in Article 267; or
(7) He is being held in custody prior to trial in violation of due process of law.
Cite this article: FindLaw.com - Louisiana Code of Criminal Procedure Tit. IX, Art. 362. Custody with court order - last updated January 01, 2019 | https://codes.findlaw.com/la/code-of-criminal-procedure/la-code-crim-proc-tit-ix-art-362/
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 or via Westlaw before relying on it for your legal needs.
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