CHAPTER 782
HABEAS CORPUS
782.01 Habeas corpus, who to have; definitions.
782.02 Who not entitled to.
782.03 Petition for writ.
782.04 Petition; contents.
782.05 Application to officer in another county.
782.06 Writ granted without delay.
782.08 Writ, when sufficient.
782.10 Writ, who may serve.
782.11 Petitioner, when to pay charges.
782.12 Service of writ, when complete.
782.14 Return, what to state.
782.15 Prisoner produced, exception.
782.16 Obedience to writ compelled.
782.17 Attachment of sheriff.
782.18 Attachment may issue.
782.19 Return may be traversed.
782.20 When party discharged.
782.22 Discharge if in custody under process.
782.23 Prisoner, when bailed.
782.24 Prisoner, when remanded.
782.25 Custody of prisoner pending proceedings.
782.26 Interested person notified.
782.27 Notice to district attorney.
782.28 Transfer from court commissioner.
782.29 Proceedings in absence of prisoner; appearance by attorney.
782.30 Order of discharge, how enforced, action for damages.
782.31 Nonliability of officers.
782.32 Reimprisonment for same cause; when cause not same.
782.33 Warrant in lieu of writ.
782.35 Warrant, how executed.
782.36 Proceedings for unlawful detention.
782.37 Penalty for refusing papers.
782.38 Reimprisoning party discharged.
782.39 Concealment of person entitled to writ.
782.44 Prisoner brought for trial or as witness.
782.45 Witness fees, inmates of state institutions.
782.46 Habeas corpus not available to prisoners passing through this state.
Ch. 782 Note
NOTE: See Ch. 781 for alternative remedy.
782.01
782.01
Habeas corpus, who to have; definitions. 782.01(1)(1) Every person restrained of personal liberty may prosecute a writ of habeas corpus to obtain relief from such restraint subject to
ss. 782.02 and
974.06.
782.01(2)
(2) Any person confined in any hospital or institution as mentally ill or committed for treatment of alcoholism under
s. 51.45 (13) may prosecute such writ, and the question of mental illness or need for treatment shall be determined by the court or judge issuing the same. If such court or judge decides that the person is mentally ill or in need of treatment such decision shall not bar the prosecution of such writ a 2nd time if it is claimed that such person has been restored to reason or is no longer in need of treatment.
782.01(3)
(3) In this chapter, unless the context requires otherwise, judge includes the supreme court, the court of appeals and circuit courts and each justice and judge thereof and court commissioners; and prisoner includes every person restrained of personal liberty; and imprisoned includes every such restraint, and respondent means the person on whom the writ is to be served.
782.01 History
History: 1971 c. 57;
1973 c. 198;
1977 c. 187,
449;
1979 c. 32 ss.
59,
92 (11);
1979 c. 176; Stats. 1979 s. 782.01.
782.01 Annotation
Habeas corpus is a proper remedy with which to challenge the personal jurisdiction of a trial court over a criminal defendant and to challenge a ruling on motion to suppress evidence where constitutional issues are involved. State ex rel. Warrender v. Kenosha County Ct. 67 W (2d) 333, 227 NW (2d) 450.
782.01 Annotation
Prevailing plaintiff in habeas corpus proceeding may not be awarded costs. State ex rel. Korne v. Wolke, 79 W (2d) 22, 255 NW (2d) 446.
782.01 Annotation
Defendant released after making deposit was not "restrained" under (1). State ex rel. Kelley v. Posner, 91 W (2d) 301, 282 NW (2d) 633 (Ct. App. 1979).
782.01 Annotation
Habeas corpus is available to persons released on personal recognizance bonds. State ex rel. Wohlfahrt v. Bodette, 95 W (2d) 130, 289 NW (2d) 366 (Ct. App. 1980).
782.01 Annotation
See note to 974.06, citing State v. Johnson, 101 W (2d) 698, 305 NW (2d) 188 (Ct. App. 1981).
782.01 Annotation
Procedure for writ of habeas corpus discussed. State ex rel. LeFebre v. Abrahamson, 103 W (2d) 197, 307 NW (2d) 186 (1981).
782.01 Annotation
Comity between circuit courts was not sufficient reason to refuse to issue writ but, under facts of case, penalty under 782.09 was inappropriate. J.V. v. Barron, 112 W (2d) 256, 332 NW (2d) 796 (1983).
782.01 Annotation
Habeas corpus is available to petitioner to challenge criminal complaint and to test sufficiency of evidence for bindover. State ex rel. McCaffrey v. Shanks, 124 W (2d) 216, 369 NW (2d) 743 (Ct. App. 1985).
