La. Code Crim. Proc. art. 362
This is the official text of La. Code Crim. Proc. art. 362, part of Louisiana’s Code of Criminal Procedure — sets the procedural rules for criminal cases in Louisiana.
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Custody with court order
Official statutory text
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.
Amended by Acts 1980, No. 429, ยง2, eff. Jan. 1, 1981.
(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.
Amended by Acts 1980, No. 429, ยง2, eff. Jan. 1, 1981.
Status: in_force · Read it on the official government site
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