Delaware Code Title 10 Sec. 6902 – Persons entitled to writs; exceptions
Every person imprisoned or restrained of liberty by any officer or person, for any cause or under any color or pretense, shall have remedy by the writ of habeas corpus, and may obtain relief, except:
(1) Persons committed or detained on a charge of treason or felony, the species whereof is plainly and fully set forth in the commitment;
(2) Persons convicted of, or charged with, treason, felony, or any offense in another state, who ought, by the Constitution of the United States, to be delivered to the executive of such state, subject to the provisions of § 2510 of Title 11; and
(3) Persons imprisoned by the authority of the United States.
Code 1852, §§ ?2541-2544; Code 1915, § ?4476; Code 1935, § ?4928; 10 Del. C. 1953, § ?6902; 49 Del. Laws, c. 220, § ?7; 70 Del. Laws, c. 186, § ?1;
Terms Used In Delaware Code Title 10 Sec. 6902
- 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.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.