Chapter 782

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.

782.07   Form of writ.

782.08   Writ, when sufficient.

782.09   Refusal of writ.

782.10   Writ, who may serve.

782.11   Petitioner, when to pay charges.

782.12   Service of writ, when complete.

782.13   Return to writ.

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.

782.21   When remanded.

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 circuit 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.

782.34   Order of arrest.

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 or drug dependence 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 circuit and supplemental 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; 2001 a. 61; 2017 a. 34.

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 a motion to suppress evidence when constitutional issues are involved. State ex rel. Warrender v. Kenosha County Ct. 67 Wis. 2d 333, 227 N.W.2d 450 (1975).

782.01 Annotation A prevailing plaintiff in a habeas corpus proceeding may not be awarded costs. State ex rel. Korne v. Wolke, 79 Wis. 2d 22, 255 N.W.2d 446 (1977).

782.01 Annotation A defendant released after making a deposit was not “restrained” under sub. (1). State ex rel. Kelley v. Posner, 91 Wis. 2d 301, 282 N.W.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 Wis. 2d 130, 289 N.W.2d 366 (Ct. App. 1980).

782.01 Annotation A court had no jurisdiction under s. 974.06, relating to post-conviction procedure, to hear a challenge of the computation of a prisoner’s good time. Habeas corpus is the proper avenue of relief. State v. Johnson, 101 Wis. 2d 698, 305 N.W.2d 188 (Ct. App. 1981).

782.01 Annotation The procedure for a writ of habeas corpus is discussed. State ex rel. LeFebre v. Abrahamson, 103 Wis. 2d 197, 307 N.W.2d 186 (1981).

782.01 Annotation Comity between circuit courts was not a sufficient reason to refuse to issue a writ but, under the facts of the case, the penalty for refusing to issue the writ under s. 782.09 was inappropriate. J.V. v. Barron, 112 Wis. 2d 256, 332 N.W.2d 796 (1983).

782.01 Annotation Habeas corpus is available to a petitioner to challenge a criminal complaint and to test the sufficiency of evidence for bindover. State ex rel. McCaffrey v. Shanks, 124 Wis. 2d 216, 369 N.W.2d 743 (Ct. App. 1985). See also State ex rel. Cornellier v. Black, 144 Wis. 2d 745, 425 N.W.2d 21 (Ct. App. 1988).