§ 17-17-10 Persons entitled to writ of habeas corpus
§ 17-17-20 Forfeiture of entitlement in certain cases
§ 17-17-30 Authority of judges to grant writs of habeas corpus
§ 17-17-40 Authority of any two magistrates to grant writs of habeas corpus
§ 17-17-50 Persons to whom writ shall be directed
§ 17-17-60 Service of writ
§ 17-17-70 Handling of prisoner after service of writ; payment of charges; return of writ
§ 17-17-80 Time within which prisoners must be brought before court
§ 17-17-90 Granting of writ during term of court
§ 17-17-100 Transfer of matter for hearing to judge of court in county where prisoner was convicted
§ 17-17-110 Granting of writ after adjournment
§ 17-17-120 Discharge only after notice given to Attorney General, Circuit Solicitor, or attorney acting for State
§ 17-17-130 Discharge of prisoner after hearing; recognizance in judge’s discretion, appearance in the following term of court
§ 17-17-140 Right to appeal from decision on writ
§ 17-17-150 Person discharged shall not be rearrested or committed for same offense
§ 17-17-160 Officers shall execute writ
§ 17-17-170 Penalty for officers neglecting their duty
§ 17-17-180 Recovery of penalties
§ 17-17-190 Suspension of habeas corpus by Governor
§ 17-17-200 Effect of suspension of writ

Terms Used In South Carolina Code > Title 17 > Chapter 17 - Habeas Corpus

  • Administrative Law Court: means the Administrative Law Court created by Section 1-23-500. See South Carolina Code 12-60-30
  • Affected county: means , for property tax purposes, a county that administers property tax collections for its own jurisdiction or for another local governing body and is in a property tax dispute with a taxpayer. See South Carolina Code 12-60-30
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assessment: means the department's recording the liability of the taxpayer in the office of the department, subject to the restrictions in Section 12-60-440. See South Carolina Code 12-60-30
  • assessor: means a county officer or official who issues an official property tax assessment for real property. See South Carolina Code 12-60-30
  • auditor: means a county officer or official who issues an official property tax assessment for personal property. See South Carolina Code 12-60-30
  • Chief administrative official: means , for property tax purposes, the official identified in Section 8-13-1110(B)(6). See South Carolina Code 12-60-30
  • Chief executive officer: means , for property tax purposes, the official identified in Section 8-13-1110(B)(5). See South Carolina Code 12-60-30
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Deficiency: means the amount by which a tax exceeds the amount shown on a return or report filed by a taxpayer, if any, plus the amounts previously assessed, or collected without assessment, as a deficiency. See South Carolina Code 12-60-30
  • Department: means the South Carolina Department of Revenue. See South Carolina Code 12-60-30
  • Department determination: means the final determination within the department from which a taxpayer or a local governing body, as applicable, may request a contested case hearing before the Administrative Law Court. See South Carolina Code 12-60-30
  • Director: means the director of the department. See South Carolina Code 12-60-30
  • Division decision: means a decision by a division of the department that affects the rights or obligations of a person for which no specific appeals rights are provided by this act. See South Carolina Code 12-60-30
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Internal Revenue Code: means the Internal Revenue Code as provided in Section 12-6-40(A). See South Carolina Code 12-60-30
  • 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.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Local governing body: means , for property tax purposes, the governing body of a county, municipality, or other political subdivision that is entitled to receive any portion of the tax revenue generated from a property tax assessment. See South Carolina Code 12-60-30
  • Mathematical or clerical error: means :

    (a) an error in addition, subtraction, multiplication, or division shown on a return;

    (b) an incorrect use of a table provided by the department for use with a return, if the incorrect use is apparent from the existence of other information on the return;

    (c) an omission of information which is required to be supplied on the return to substantiate an entry on the return; or

    (d) an entry of a deduction or credit item in an amount which exceeds the statutory limit that is either:

    (i) a specified monetary amount; or

    (ii) a percentage, ratio, or fraction, if the items entering into the application of that limit appear on the return. See South Carolina Code 12-60-30
  • Oath: A promise to tell the truth.
  • person: includes any individual, trust, estate, partnership, receiver, association, company, limited liability company, corporation, or other entity or group; and

    (2) "individual" means a human being. See South Carolina Code 12-2-20
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Property tax: means ad valorem taxes on real and personal property. See South Carolina Code 12-60-30
  • Proposed assessment: means the first written notice sent or given to the taxpayer stating that a division within the department has concluded that a tax is due. See South Carolina Code 12-60-30
  • Protest: means a written appeal of a proposed assessment or a division decision made in accordance with this chapter. See South Carolina Code 12-60-30
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • State tax: means taxes, licenses, permits, fees, or other amounts, including interest and penalties, imposed by this title, or assessed or collected by the department, except property taxes. See South Carolina Code 12-60-30
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • taxes: means taxes, licenses, permits, fees, or other amounts, including interest, regulatory and other penalties, and civil fines, imposed by this title, or subject to assessment or collection by the department. See South Carolina Code 12-60-30
  • Taxpayer: includes a licensee and an applicant for a license, issued by or administered by the department. See South Carolina Code 12-60-30
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.