Arkansas § 16-112-102 Officers permitted to issue

Arkansas Statutes

§ 16-112-102 — Officers permitted to issue

Arkansas § 16-112-102

Title16

This text of Arkansas § 16-112-102 (Officers permitted to issue) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 16-112-102 (2026).

Text

(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)

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(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).

Legislative History

Crim. Code, § 388; Acts 1871, No. 49, § 1 [388], p. 255; 1875, No. 100, § 1, p. 219; 1877, No. 2, § 1, p. 1; 1883, No. 93, § 1, p. 170; C. & M. Dig., §§ 5084, 5093; Pope's Dig., §§ 6347, 6356; A.S.A. 1947, §§ 34-1702, 34-1707; Acts 2003, No. 1185, § 232.