Title 8 — Criminal Procedure

Every person unlawfully imprisoned or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment or restraint. NOTE: Section 135.10 is identical to former § 1473. See also Cal. Pen. Code § 1473 (sa…

Application for the writ is made by petition to the Superior Court and signed either by the party for whose relief it is intended, or by some person on his behalf, and shall specify: (a) That the person in whose behalf the writ is applied for is imprisoned or restrained of his li…

Stated; Service Upon Attorney General. Every application for a writ of habeas corpus shall be verified, and shall state whether any prior application has been made for a writ in regard to the same detention or restraint complained of in the application, and if any such prior appl…

Any judge authorized to grant the writ, to whom a petition therefor is presented, shall, if it appears that the writ ought to issue, grant the same without delay; and if the person by or upon whose behalf the application for the writ is made be detained upon a criminal charge, ma…

The writ shall be directed to the person having custody of for restraining the person in whose behalf the application is made, and shall command him to have the body of such person before the court, at the time and place therein specified.

COL120106 If the writ is directed to the Chief of Police or other ministerial officer of the court out of which it issues, it shall be delivered by the clerk to such officer without delay, as other writ are delivered for service. If it is directed to any other person, it shall be…

If the person to whom the writ is directed refuses, after service, to obey the same, the court or judge, upon affidavit, shall issue an attachment against such person, directed to the Chief of Police, commanding him forthwith to apprehend such person and bring him immediately bef…

The person upon whom the writ is served shall state in his return, plainly and unequivocally: (a) Whether he has or has not the party in his custody, or under his power or restraint; (b) If he has the party in his custody or power, or under his restraint, he shall state the autho…

Except as provided in § 135.28, the person to whom the writ is directed, if it is served, shall bring the body of the party in his custody or under his restraint, according to the command of the writ.

When, from sickness or infirmity of the person directed to be produced, he cannot, without danger, be brought before the court, the person in whose custody or power he is may state that fact on his return to the writ, verifying the same by affidavit. If the court is satisfied of …

The court before whom the writ is returned shall, immediately after the return, proceed to hear and examine the return, and such other matters as may be properly submitted to his hearing and consideration. NOTE: Section 135.30 is substantively the same as former § 14.83. See also…

The party brought before the court, on the return of the writ, may deny or controvert any of the material facts or matters set forth in the return, or except to the sufficiency thereof, or allege any fact to show either that his imprisonment or detention is unlawful, or that he i…

Restraint. If no legal cause is shown for the imprisonment or restraint, or for the continuation thereof, the court shall discharge the party from the custody or restraint under which he is held. NOTE: Section 135.34 is substantively the same as former § 1485. See also Cal. Pen. …

The court, if the time during which the party may be legally detained in custody has not expired, shall remand such party, if it appears that he is detained in custody: (a) By virtue of process issued by any court or judge of the United States, in a case where such court or judge…

From Guam Courts. If it appears on the return of the writ that the prisoner is in custody by virtue of process from any court of this Territory, or judge or officer thereof, such prisoner may be discharged in any of the following cases, subject to the restrictions of 135.36: (a) …

If any person is committed to prison, or is in custody of any officer on any criminal charge, by virtue of any warrant of commitment of a judge, such person shall not be discharged on the ground of any mere defect of form in the warrant of commitment. NOTE: Section 135.40 is subs…

an Offense. If it appears to the court, by affidavit or otherwise, or upon the inspection of the process or warrant of commitment and such other papers in the proceedings as may be shown to the court, that the party is guilty of a criminal offense, or ought not to be discharged, …

to Chapter 40. When a person is imprisoned or detained in custody on any criminal charge, for want of a judicial determination regarding his release pursuant to Chapter 40 (commencing with § 40.10), such person is entitled to a writ of habeas corpus for the purpose of obtaining s…

Any judge before whom a person is brought on a writ of habeas corpus pursuant to § 135.44 may order the release of such person in the manner and subject to the conditions provided by Chapter 40 (commencing with § 40.10). NOTE: Section 135.46 is substantively the same as former § …

If a party brought before the court on the return of the writ is not entitled to discharge or release, the court shall remand him to custody or place him under the restraint from which he was taken, if the person under whose custody or restraint he was legally entitled thereto. N…

Transfer Custody From Improper to Proper Person. In cases where any party is held under illegal restraint or custody, but any other person is entitled to the restraint or custody of such party, the court may order such party to be committed to the restraint or custody of such per…

Until judgment is given on the return, the court before whom any party may be brought on such writ, may commit him to the custody of the Chief of Police, or place him in such care or under such custody as his age or circumstances may require. NOTE: Section 135.52 is substantively…

No writ of habeas corpus can be disobeyed for defect of form, if it sufficiently appear therefrom in whose custody or under whose restraint the party imprisoned or restrained is, the officer or person detaining him, and the court before whom he is to be brought. NOTE: Section 135…

No person who has been discharged by the order of the court upon habeas corpus can be again imprisoned, restrained, or kept in custody for the same cause, except in the following cases: (a) If he has been discharged from custody on a criminal charge, and is afterwards committed f…

When it appears to any court, authorized by law to issue the writ of habeas corpus, that anyone is illegally held in custody, confinement, or restraint, and that there is reason to believe that such person will be carried out of the jurisdiction of the court before whom the appli…

The court may also insert in a warrant issued pursuant to § 135.58 a command for the apprehension of the person charged with such illegal detention and restraint. NOTE: Section 135.60 is substantively the same as former § 1498. See also Cal. Pen. Code § 1498 (same).

(Applicable to § 135.58 only). The officer to whom a warrant issued pursuant to § 135.58 is delivered shall execute it by bringing the person therein named before the court who directed the issuing of such warrant. NOTE: Section 135.62 is substantively the same as former § 1499. …

The person alleged to have the party under illegal confinement or restraint make return to a warrant issued pursuant to § 135.58 as in case of a writ of habeas corpus, and the same may be denied, and like allegations, proofs, an trial may thereupon be had as upon a return to a wr…

If the party is held under illegal restraint or custody, he shall be discharged; and if not, he shall be restored to the care of custody of the person entitled thereto. NOTE: Section 135.68 is substantively the same as former § 1501. See also Cal. Pen. Code § 1500 (same). COL1201…

Any writ or process authorized by this Chapter may be issued an served on any day or at any time. NOTE: Section 135.68 is identical to former § 1502. See also Cal. Pen. Code § 1502 (same).

All writs, warrants, process, and subpoenas authorized by the provisions of this Chapter shall be issued by the clerk of the court, and except subpoenas, shall be sealed with the seal of the court and served and returned forthwith, unless the court shall specify a particular time…

Bail Permitted. An appeal may be taken to the Guam Supreme Court by the Attorney General from a final order of the Superior Court made upon the return of a writ of habeas corpus discharging a defendant after his conviction, in all criminal cases prosecuted in a court of record. I…