(1) Any court authorized under section 19-4202, Idaho Code, may grant a writ of habeas corpus pursuant to a petition filed by, or, pursuant to section 19-4207, Idaho Code, on behalf of a person not a prisoner if it finds that the restraint of the person’s liberty is illegal.
(2)  Any court authorized under section 19-4202, Idaho Code, may grant a writ of habeas corpus and order a hearing pursuant to a petition filed by a prisoner, or, pursuant to section 19-4207, Idaho Code, on behalf of a prisoner when:
(a)  The court has considered the factual allegations contained in the petition together with any responsive pleading filed by the respondent, and a reply filed by the prisoner, if any;
(b)  The court finds that the petitioner is likely to prevail on the merits of his state or federal constitutional challenge;
(c)  The court finds that the petitioner will suffer irreparable injury if some relief is not granted;
(d)  The court finds that the balance of potential harm to the petitioner substantially outweighs any legitimate governmental interest; and
(e)  The court finds that equity favors granting relief to the petitioner.

Terms Used In Idaho Code 19-4211

  • Correctional facility: means a facility for the confinement of prisoners. See Idaho Code 19-4201A
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
  • Prisoner: includes an in-state or out-of-state prisoner, unless otherwise specifically provided or unless the context clearly indicates otherwise. See Idaho Code 19-4201A
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
    • (3)  Any order granting the writ should issue without delay and a hearing should be scheduled. The court may provide a statement of the issues to be addressed, and whether evidence will be accepted.
    (4)  If a court issues an order granting the writ and setting the matter for hearing, the court may set the hearing at the state, local or private correctional facility or other appropriate place.