Application for a writ of habeas corpus must be made by petition, signed either by the party himself for whose benefit it is intended or by some other person on his behalf, must be verified by the oath of the applicant to the effect that the statements therein contained are true to the best of his knowledge, information and belief and must state, in substance, the name of the person on whose behalf the application is made, that he is imprisoned or restrained of his liberty in the county, the place of such imprisonment, if known, the name of the officer or person by whom he is so imprisoned and the cause or pretense of such imprisonment; and, if the imprisonment is by virtue of any warrant, writ or other process, a copy thereof must be annexed to the petition or the petition must allege that a copy thereof has been demanded and refused or must show some sufficient excuse for the failure to demand a copy.
(Code 1852, §§710, 711; Code 1867, §§4261, 4262; Code 1876, §§4937, 4938; Code 1886, §4762; Code 1896, §4815; Code 1907, §7010; Code 1923, §4308; Code 1940, T. 15, §4.)
Notes of Decisions
Cited in
19
cases, 1978–2010 · leading case:
Ex Parte Deramus, 882 So. 2d 878 (Ala. 2003).
Ex Parte Deramus, 882 So. 2d 878 (Ala. 2003).
· cites it 16× “On remand, the Court of Criminal Appeals, in an unpublished memorandum, *880 again affirmed the trial court's dismissal of Deramus's petition on the ground that Deramus had "not compl[ied] with the statutory pleading requirements set forth in § 15-21-4, Ala.Code 1975." The Court…”
Conners v. State, 837 So. 2d 319 (Ala. Crim. App. 2001).
· cites it 9× “) The record reflects that Conners did not attach to his petition any documents supporting his claim that he had a liberty interest in remaining on work release or that he was removed from work release without due process; he did not allege that he had demanded a copy of any…”
Collins v. Alabama Dep't of Corr., 84 So. 3d 48 (Ala. 2010).
· cites it 2× “In reaching this conclusion, the Court of Criminals Appeals considered Alabama caselaw holding that the verification requirement for a petition for a writ of habe-as corpus set out in § 15-21-4, Ala.Code 1975, is not a jurisdictional prerequisite.”
Smith v. State, 918 So. 2d 141 (Ala. Crim. App. 2005).
“Although § 15-21-4, Ala.Code 1975, provides that a petition for a writ of habeas corpus "must be verified by the oath of the applicant to the effect that the statements therein contained are true to the best of his knowledge, information and belief," this mandatory verification…”
Collier v. State, 64 So. 3d 1045 (Ala. 2010).
· cites it 2× “” The Court of Criminal Appeals pointed out that § 15-21-4, Ala.Code 1975, provides that a petition for a writ of habeas corpus “ ‘must be verified by the oath of the appellant to the effect that the statements therein contained are true to the best of his knowledge, information…”
Hilsabeck v. State, 477 So. 2d 465 (Ala. Crim. App. 1984).
· cites it 2× “At the outset, we recognize that the trial court is due to be affirmed for appellant’s failure to include an oath verifying the factual allegations of his petition.”
Newton v. State, 487 So. 2d 1391 (Ala. Crim. App. 1986).
· cites it 2× “We express no opinion on the merits of Newton’s claim, 1 since we conclude that his petition was properly dismissed because it was not verified by oath as required by Alabama Code § 15-21-4 (1975). See Mead v.”
Kelly v. State, 455 So. 2d 1016 (Ala. Crim. App. 1984).
“Petitioner has failed to properly verify his Petition as required by section 15-21-4 Code of Alabama, 1975; O’Such v.”
Moore v. State, 417 So. 2d 610 (Ala. Crim. App. 1982).
· cites it 2× “Code of Alabama 1975, § 15-21-4 provides in pertinent part: “Application for a writ of habeas corpus must be made by petition, signed either by the party himself for whose benefit it is intended or by some other person on his behalf, must be verified by the oath of the applicant…”
Thomas v. State, 867 So. 2d 367 (Ala. Crim. App. 2003).
“Although Thomas attached no documentation to his petition to support his claims, see § 15-21-4, Ala.Code 1975, the Alabama Supreme Court recently held that documentation is not required in cases involving removal from work release.”
Pruitt v. State, 509 So. 2d 258 (Ala. Crim. App. 1987).
“Section 15-21-4, Code of Alabama 1975, provides: “Application for a writ of habeas corpus must be made by petition, signed either by the party himself for whose benefit it is intended or by some other person on his behalf, must be verified by oath of the applicant to the effect…”
Childers v. State, 453 So. 2d 1096 (Ala. Crim. App. 1984).
· cites it 4× “” Childers apparently signed his petition before a notary public, and beneath his signature is the following acknowledgement: “Subscribed and Sworn to before me this 31st day of October, 1983.”
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