Idaho Code
Idaho Code § 19-4202 (2026)
Jurisdiction to consider petitions for writ of habeas corpus.
✓ current as of May 2026
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Jurisdiction to consider petitions for writ of habeas corpus.
The following courts of this state shall have original jurisdiction to consider a petition for writ of habeas corpus, grant the writ and/or order relief under this chapter:
(1) The supreme court; or
(2) The district court of the county in which the person is detained.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1986–2022 · leading case: Carey v. Saffold, 536 U.S. 214 (2002).
Carey v. Saffold, 536 U.S. 214 (2002). “§ 660-3 (1993); Idaho Code § 19-4202 (1) (Supp. 2001); Ill.”
Rhoades v. State, 220 P.3d 1066 (Idaho 2009). “” As a petition for post-conviction relief is a civil matter and because the state is the prevailing party on appeal, we award costs to the state.”
Row v. State, 21 P.3d 895 (Idaho 2001). “I.C. § 19-4202. Row filed the petition in this ease in Ada County.”
Freeman v. State, Dep't of Corr., 764 P.2d 445 (Idaho Ct. App. 1988). “I.C. § 19-4202; I.R. C.P. 7(a). A complaint need contain only a concise statement of facts comprising a claim, along with a demand for relief.”
Brandt v. State, 878 P.2d 800 (Idaho Ct. App. 1994). “As a result of this discovery, the Commission on October 10, 1992, informed Brandt via a brief memorandum that his tentative parole release date had been vacated , and that his new tentative release date would be in July 1996.”
Freeman v. State, Dept. of Corr., 783 P.2d 324 (Idaho Ct. App. 1989). “He did not verify the petition as required by I.C. § 19-4202(3). This statute requires the petition to be verified by an oath or affirmation of the party making the application.”
State v. Harrold, 750 P.2d 959 (Idaho Ct. App. 1988). “See I.C. § 19-4202 (application for writ of habeas corpus may be signed by the party for whose relief it is intended or by another person in his or her behalf).”
Sivak v. State, 730 P.2d 1047 (Idaho Ct. App. 1986). “Sivak’s petition was unverified, contrary to the requirement of I.C. § 19-4202(3). .In his petition Sivak erroneously alleged that his sentence was vacated on March 18, 1983, when in fact the Supreme Court order vacating his sentence was issued on March 24, 1983.”
Van Hook v. State, 506 P.3d 887 (Idaho 2022). “Thus, while the Supreme Court is within its power to exercise original jurisdiction over petitions for writs of habeas corpus generally, Van Hook never applied to the Supreme Court for such a writ.”
Reyes v. Craven, 111 F. App'x 462 (9th Cir. 2004). “” Idaho Code § 19-4202 ; see also Idaho Const, art.”
Leombruno v. Craven, 133 F. App'x 373 (9th Cir. 2005). “See Idaho Code § 19-4202 (providing that either the supreme court or the district court of the county in which the person is detained “shall have original jurisdiction to consider a petition for writ of habeas corpus”); see also Idaho Const, art.”
— Idaho Code § 19-4202(3) — 2 cases
Freeman v. State, Dept. of Corr., 783 P.2d 324 (Idaho Ct. App. 1989). “He did not verify the petition as required by I.C. § 19-4202(3). This statute requires the petition to be verified by an oath or affirmation of the party making the application.”
Sivak v. State, 730 P.2d 1047 (Idaho Ct. App. 1986). “Sivak’s petition was unverified, contrary to the requirement of I.C. § 19-4202(3). .In his petition Sivak erroneously alleged that his sentence was vacated on March 18, 1983, when in fact the Supreme Court order vacating his sentence was issued on March 24, 1983.”
— Idaho Code § 19-4202(a) — 1 case
Rhoades v. State, 220 P.3d 1066 (Idaho 2009). “” As a petition for post-conviction relief is a civil matter and because the state is the prevailing party on appeal, we award costs to the state.”
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