Idaho Code
Idaho Code § 19-4203 (2026)
Who may petition for a writ of habeas corpus.
✓ current as of May 2026
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Who may petition for a writ of habeas corpus.
(1) Any person, not a prisoner as defined in section 19-4201A, Idaho Code, who believes he is unlawfully restrained of his liberty in this state may file a petition for writ of habeas corpus to request that the court inquire into the cause and/or legality of the restraint.
(2) An in-state prisoner, as defined in section 19-4201A, Idaho Code, or a person who is restrained of his liberty while involved in parole revocation proceedings, or while held on an agent or commission warrant in this state, may file a petition for writ of habeas corpus to request that a court inquire into state or federal constitutional questions concerning:
(a) The conditions of his confinement;
(b) Revocation of parole;
(c) Miscalculation of his sentence;
(d) Loss of good time credits;
(e) A detainer lodged against him.
(3) An out-of-state prisoner, as defined in section 19-4201A, Idaho Code, may file a petition for writ of habeas corpus only to request that an Idaho court inquire into a state or federal constitutional question concerning the conditions of his confinement. Habeas corpus relief shall not be available for an out-of-state prisoner to challenge:
(a) Any issue concerning the legality of his out-of-state conviction or sentence;
(b) Any issue concerning the legality of the fact or duration of his confinement in this state;
(c) Any issue concerning the legality of the contract or agreement or any terms thereof pursuant to which he is housed in this state;
(d) Any issue concerning the grant, denial or revocation of parole for his out-of-state conviction and sentence;
(e) Miscalculation of his out-of-state sentence;
(f) Loss of out-of-state good time credits or lack of (failure to grant) good time credits under the laws of the state of Idaho;
(g) A detainer lodged against him.
(4) Habeas corpus shall not be used as a substitute for, or in addition to, a direct appeal of a criminal conviction or proceedings under Idaho criminal rule 35 or the uniform post-conviction procedures act, chapter 49, title 19, Idaho Code, and the statutes of limitations imposed therein.
(5) Habeas corpus shall not be used as a substitute for or in addition to proceedings available in child custody matters and proceedings under the Idaho domestic violence crime prevention act, chapter 63, title 39, Idaho Code.
(6) Habeas corpus is an individual remedy only.
(7) For purposes of this chapter and any other civil challenges to conditions of confinement, the term "conditions of confinement" shall be defined as any civil proceeding with respect to a condition in any state or county institution, or state, local or private correctional facility, as those terms are defined in section 19-4201A, Idaho Code, arising under state or federal law pertaining to the conditions of confinement or the effects of actions by government officials or employees of a private prison contractor while employed at a private correctional facility in the state of Idaho on the life of a person confined in a state or county institution, or a state, local or private correctional facility.
Notes of Decisions
Cited in 34
cases (7 in the last 5 years), 1982–2025 · leading case: Warren v. Craven, 271 P.3d 725 (Idaho Ct. App. 2012).
Warren v. Craven, 271 P.3d 725 (Idaho Ct. App. 2012). “An in-state prisoner may file a petition for a writ of habeas corpus to request that a court inquire into state or federal constitutional questions concerning conditions of confinement, the revocation of parole, miscalculation of a sentence, loss of good time credits, or…”
Lake v. Newcomb, 90 P.3d 1272 (Idaho Ct. App. 2004). “Idaho Code § 19-4203 (4) provides that habeas corpus: shall not be used as a substitute for, or in addition to, a direct appeal of a criminal conviction or proceedings under Idaho criminal rule 35 or the uniform post-conviction procedures act, chapter 49, title 19, Idaho Code,…”
Quinlan v. Idaho Comm'n for Pardons & Parole, 69 P.3d 146 (Idaho 2003). “” I.C. § 19-4203(4) (emphasis added). Quinlan cannot now seek appointment of counsel in a habeas proceeding and claim the benefit of the UPCPA’s right to counsel provision.”
Richard Myers Caldwell v. State, 358 P.3d 794 (Idaho Ct. App. 2015). “1992); see also I.C. § 19-4203(2)(a) (allowing, through writ of habeas corpus, for a constitutional challenge of the conditions of the petitioner’s confinement).”
State v. Michael P. Martin, 367 P.3d 255 (Idaho Ct. App. 2016). “I.C. §§ 19-4203(2)(a)-(e). A prisoner challenging the IDOC’s interpretation, application, or calculation of his or her sentence may seek relief by filing a writ of habeas corpus.”
Dopp v. Idaho Comm'n of Pardons & Parole, 84 P.3d 593 (Idaho Ct. App. 2004). “Regardless of whether the denial of parole falls within one of the permissible grounds for habeas relief stated in I.C. § 19-4203, the writ of habeas corpus is not only a statutory remedy but rather a remedy recognized and protected by Article I, Section 5 of the Idaho…”
State v. Doe, 34 P.3d 1110 (Idaho Ct. App. 2001). “I.C. § 19-4203. Moreover, I.C. § 19^4204(2)(c) states that a person who is not a prisoner shall include in an application for writ of habeas corpus the name and address of the place in which the person is restrained.”
Application of Downing, 652 P.2d 193 (Idaho 1982). “An application for release upon the basis of an invalid commitment order therefore falls outside of the committing court's continuing jurisdiction under I.C. § 18-214 and is properly brought by means of an application for writ of habeas corpus in the district court where the…”
Van Hook v. State, 506 P.3d 887 (Idaho 2022). “Idaho Code section 19-4203(1) provides that “[a]ny person, not a prisoner as defined in section 19-4201A, Idaho Code, who believes he is unlawfully restrained of his liberty in this state may file a petition for writ of habeas corpus to request that the court inquire into the…”
Huber v. Christensen (Idaho Ct. App. 2021). “Specifically, Huber argues that he is challenging the conditions of his confinement under Idaho Code § 19-4203 (2), which is reviewable in a habeas petition.”
Hooley v. State (Idaho 2023). “Idaho Code section 19-4203 governs who may petition for a writ of habeas corpus.”
Creech v. Randy Valley (Idaho 2024). “STANDARDS OF REVIEW A prisoner may apply for a writ of habeas corpus requesting that a court inquire into state or federal constitutional questions concerning the conditions of his confinement.”
— Idaho Code § 19-4203(1) — 1 case
Van Hook v. State, 506 P.3d 887 (Idaho 2022). “Idaho Code section 19-4203(1) provides that “[a]ny person, not a prisoner as defined in section 19-4201A, Idaho Code, who believes he is unlawfully restrained of his liberty in this state may file a petition for writ of habeas corpus to request that the court inquire into the…”
— Idaho Code § 19-4203(2) — 6 cases
Application of Downing, 652 P.2d 193 (Idaho 1982). “An application for release upon the basis of an invalid commitment order therefore falls outside of the committing court's continuing jurisdiction under I.C. § 18-214 and is properly brought by means of an application for writ of habeas corpus in the district court where the…”
Huber v. Christensen (Idaho Ct. App. 2021). “Specifically, Huber argues that he is challenging the conditions of his confinement under Idaho Code § 19-4203 (2), which is reviewable in a habeas petition.”
Creech v. Randy Valley (Idaho 2024). “STANDARDS OF REVIEW A prisoner may apply for a writ of habeas corpus requesting that a court inquire into state or federal constitutional questions concerning the conditions of his confinement.”
Creech v. Randy Valley, 560 P.3d 1000 (Idaho 2024).
Terrence Matthews v. IDOC (Idaho Ct. App. 2012).
— Idaho Code § 19-4203(2)(a) — 19 cases
Richard Myers Caldwell v. State, 358 P.3d 794 (Idaho Ct. App. 2015). “1992); see also I.C. § 19-4203(2)(a) (allowing, through writ of habeas corpus, for a constitutional challenge of the conditions of the petitioner’s confinement).”
State v. Michael P. Martin, 367 P.3d 255 (Idaho Ct. App. 2016). “I.C. §§ 19-4203(2)(a)-(e). A prisoner challenging the IDOC’s interpretation, application, or calculation of his or her sentence may seek relief by filing a writ of habeas corpus.”
Warren v. Craven, 271 P.3d 725 (Idaho Ct. App. 2012). “An in-state prisoner may file a petition for a writ of habeas corpus to request that a court inquire into state or federal constitutional questions concerning conditions of confinement, the revocation of parole, miscalculation of a sentence, loss of good time credits, or…”
Marcus Roberts v. Randy Blades (Idaho Ct. App. 2012).
Terrence Matthews v. IDOC (Idaho Ct. App. 2012).
— Idaho Code § 19-4203(2)(c) — 2 cases
Lake v. Newcomb, 90 P.3d 1272 (Idaho Ct. App. 2004). “Idaho Code § 19-4203 (4) provides that habeas corpus: shall not be used as a substitute for, or in addition to, a direct appeal of a criminal conviction or proceedings under Idaho criminal rule 35 or the uniform post-conviction procedures act, chapter 49, title 19, Idaho Code,…”
State v. Kirkley Allen Evans (Idaho Ct. App. 2013).
— Idaho Code § 19-4203(3)(g)(4) — 1 case
Hooley v. State (Idaho 2023). “Idaho Code section 19-4203 governs who may petition for a writ of habeas corpus.”
— Idaho Code § 19-4203(4) — 10 cases
Quinlan v. Idaho Comm'n for Pardons & Parole, 69 P.3d 146 (Idaho 2003). “” I.C. § 19-4203(4) (emphasis added). Quinlan cannot now seek appointment of counsel in a habeas proceeding and claim the benefit of the UPCPA’s right to counsel provision.”
Warren v. Craven, 271 P.3d 725 (Idaho Ct. App. 2012). “An in-state prisoner may file a petition for a writ of habeas corpus to request that a court inquire into state or federal constitutional questions concerning conditions of confinement, the revocation of parole, miscalculation of a sentence, loss of good time credits, or…”
William Gordon Parks, Jr. v. Idaho Parole Comm'n (Idaho Ct. App. 2012).
Huber v. Christensen (Idaho Ct. App. 2021). “Specifically, Huber argues that he is challenging the conditions of his confinement under Idaho Code § 19-4203 (2), which is reviewable in a habeas petition.”
William Gray v. Kristi Lynch (Idaho Ct. App. 2012).
— Idaho Code § 19-4203(5) — 1 case
Van Hook v. State, 506 P.3d 887 (Idaho 2022). “Idaho Code section 19-4203(1) provides that “[a]ny person, not a prisoner as defined in section 19-4201A, Idaho Code, who believes he is unlawfully restrained of his liberty in this state may file a petition for writ of habeas corpus to request that the court inquire into the…”
— Idaho Code § 19-4203(7) — 2 cases
Creech v. Randy Valley (Idaho 2024). “STANDARDS OF REVIEW A prisoner may apply for a writ of habeas corpus requesting that a court inquire into state or federal constitutional questions concerning the conditions of his confinement.”
Creech v. Randy Valley, 560 P.3d 1000 (Idaho 2024).
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