Louisiana Code of Criminal Procedure 362 – Custody with court order
Terms Used In Louisiana Code of Criminal Procedure 362
- Custody: as used in this Title means detention or confinement as a result of or incidental to an instituted or anticipated criminal proceeding. See Louisiana Code of Criminal Procedure 351
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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, §2, eff. Jan. 1, 1981.