Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-4121 (2026)

Prosecution of writ

✓ current as of May 2026
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A person unlawfully committed, detained, confined or restrained of his liberty, under any pretense whatever, may petition for and prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1980–2024 · leading case: Findlay v. Lewis, 837 P.2d 145 (Ariz. 1992).
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Findlay v. Lewis, 837 P.2d 145 (Ariz. 1992). · cites it 4× “On October 4, 1990, the trial court granted the state’s motion and dismissed Findlay’s petition.”
Greehling v. State, 662 P.2d 1005 (Ariz. 1982). · cites it 2× “§ 13-3922 is found in the criminal code portion of the Arizona Revised Statutes, but that does not mean that it must be criminal in nature.”
Escalanti v. Dep't of Corr., 851 P.2d 151 (Ariz. Ct. App. 1993). · cites it 2× “A.R.S. § 13-4121. It is apparent the trial court treated the matter as a special action in reaching the merits of the petition.”
Davis v. Winkler, 793 P.2d 99 (Ariz. Ct. App. 1990). · cites it 2× “es judica-ta; (c) the state should have been equitably estopped from seeking the change; and (d) the state failed to sustain its burden of establishing that Davis was not bailable? JURISDICTION The state contends that this court has no jurisdiction to hear this matter for the…”
Webb v. Charles, 611 P.2d 562 (Ariz. Ct. App. 1980). “This Court has jurisdiction of this matter by virtue of A.R.S. 13-4121, et seq., and 8-532. 3. That this Court is sitting as a Juvenile Court.”
In re the Appeal in Maricopa Cnty., Juv. Action No. A-26961, 660 P.2d 479 (Ariz. Ct. App. 1982). · cites it 2× “See A.R.S. §§ 13-4121—47; Powell v. State, 19 Ariz.”
Falcone v. State, 880 P.2d 1082 (Ariz. Ct. App. 1993). “An examination of the chapter of Title 13 relating to habeas corpus, §§ 13-4121 to 13-4147, which appears to date from 1901, shows that “grant” has a much narrower meaning.”
Lewis v. Superior Court (Ariz. Ct. App. 2023). · cites it 4× “§§ 13-4231 to -4241 (governing post-conviction); A.R.S. §§ 13-4121 to -4147 (governing habeas corpus); Ariz.”
Thomas 186624 v. Thornell (D. Ariz. 2024). · cites it 4× “16 On March 9, 2021, Thomas filed in state court a petition for writ of habeas corpus 17 pursuant to A.R.S. §§ 13-4121, 13-4131(A). Doc. 17, p.”
Myers v. Unknown Parties (D. Ariz. 2021). “He alleges that he filed a petition for writ of habeas corpus 5 in the Gila County Superior Court pursuant to Arizona Revised Statutes § 13-4121, which 6 authorizes the filing of a state petition for writ of habeas corpus to challenge allegedly 7 unlawful detention.”
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