Idaho Code
Idaho Code

Idaho Code § 19-4205 (2026)

Application for writ of habeas corpus by a prisoner. 

✓ current as of May 2026
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Application for writ of habeas corpus by a prisoner. 

(1) Application for a writ of habeas corpus by a prisoner shall be made by filing a petition for a writ of habeas corpus in the district court of the county in which the prisoner claims his confinement or aspects of his confinement violate provisions of the state or federal constitutions.

(2)  With respect to a petition filed by an in-state prisoner, the petition must be verified by the oath or affirmation of the prisoner applying and shall specify that the prisoner is alleging state or federal constitutional violations concerning:
(a)  The conditions of his confinement;
(b)  The revocation of his parole;
(c)  Miscalculation of his sentence;
(d)  Loss of good time credits; or
(e)  A detainer lodged against him.
(3)  With respect to a petition filed by an out-of-state prisoner, the petition must be verified by the oath or affirmation of the prisoner applying and shall specify that the prisoner is alleging state or federal constitutional violations concerning the conditions of his confinement, as provided in section 19-4203(3), Idaho Code.
(4)  A petition filed by a prisoner under subsection (1), (2) or (3) of this section shall specify:
(a)  The identity and address of the person or officer whom the prisoner believes is responsible for the alleged state or federal constitutional violations, and shall name the persons identified individually as respondents;
(b)  The name, if any, and address of the place in which the prisoner is incarcerated;
(c)  The name and address of the place in which the prisoner claims the constitutional violation occurred;
(d)  A short and plain statement of the facts underlying the alleged state or federal constitutional violation; and
(e)  Whether the petitioner is an out-of-state prisoner.
(5)  Neither the state of Idaho, any of its political subdivisions, or any of its agencies, nor any private correctional facility shall be named as respondents in a prisoner petition for writ of habeas corpus.
Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 2001–2025 · leading case: State v. Michael P. Martin, 367 P.3d 255 (Idaho Ct. App. 2016).
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State v. Michael P. Martin, 367 P.3d 255 (Idaho Ct. App. 2016). · cites it 10× “” Thus, the court found that it had “no jurisdiction in this criminal case to grant the relief requested” and further suggested that “any writ of habeas corpus must be filed pursuant to Idaho Code § 19-4205 .” In January 2015, Martin filed a pro se “Motion for Correction of…”
Loomis v. Killeen, 21 P.3d 929 (Idaho Ct. App. 2001). · cites it 4× “I.C. §§ 19-4205(2)(b), 19-4213. The Fourteenth Amendment to the United States Constitution prohibits states from depriving persons of liberty without due process of law.”
Matthews v. Jones, 207 P.3d 200 (Idaho Ct. App. 2009). · cites it 2× “I.C. §§ 19-4205(2)(b), 19 — 4213. Matthews’ briefs on this appeal attempt to raise numerous issues for our resolution.”
Jason Waidelich v. Tim Wengler (Idaho Ct. App. 2013). · cites it 10× “Deputy Warden Cluney argued that there was no constitutional right to parole, that Waidelich had sufficient notice of the urine-sample rule, and that Waidelich failed to show he was a member of a protected, equal-protection class.”
Carr v. Page (D. Idaho 2020). · cites it 4× “Idaho prisoner habeas corpus actions are governed by Idaho Code §19-4205 . A prisoner may complain that his conditions of confinement violate the state or federal constitution in a state habeas corpus action.”
Carr v. Dietz (D. Idaho 2020). · cites it 4× “Idaho prisoner habeas corpus actions are governed by Idaho Code §19-4205 . A prisoner may complain that his conditions of confinement violate the state or federal constitution in a state habeas corpus action.”
Carr v. Lytle (D. Idaho 2020). · cites it 4× “Idaho prisoner habeas corpus actions are governed by Idaho Code §19-4205 . A prisoner may complain that his conditions of confinement violate the state or federal constitution in a state habeas corpus action.”
Carr v. Page (D. Idaho 2020). · cites it 4× “Idaho prisoner habeas corpus actions are governed by Idaho Code §19-4205 . A prisoner may complain that his conditions of confinement violate the state or federal constitution in a state habeas corpus action.”
Floyd v. Idaho State Parole Comm'n (Idaho Ct. App. 2023). · cites it 2× “I.C. §§ 19-4205(2)(b), 19-4213. A parolee at a parole revocation proceeding is entitled to some due process protections.”
State v. Finch (Idaho Ct. App. 2025). · cites it 2× “The district court explained that an option available to Finch was for Finch to file an application for a writ of habeas corpus under I.C. § 19-4205. Finch then filed two motions to file his notice of appeal nunc pro tunc contemporaneously with a notice of appeal and various…”
Neil Patterson v. Pam Sonnen (Idaho Ct. App. 2012). · cites it 2× “” Additionally, I.C. § 19-4209(1) provides: The court may dismiss with prejudice a petition for writ of habeas corpus under this section, in whole or in part, prior to service of the petition on the respondent, if the court finds: .”
Stephen J. Kingsley v. Randy Blades (Idaho Ct. App. 2014). · cites it 2× “See I.C. § 19-4205(5). Blades requests attorney fees on appeal; however, we cannot say Kingsley’s appeal is wholly frivolous.”
Show all 15 citing cases →
— Idaho Code § 19-4205(2)(a) — 6 cases
Carr v. Page (D. Idaho 2020). “Idaho prisoner habeas corpus actions are governed by Idaho Code §19-4205 . A prisoner may complain that his conditions of confinement violate the state or federal constitution in a state habeas corpus action.”
Carr v. Dietz (D. Idaho 2020). “Idaho prisoner habeas corpus actions are governed by Idaho Code §19-4205 . A prisoner may complain that his conditions of confinement violate the state or federal constitution in a state habeas corpus action.”
Carr v. Lytle (D. Idaho 2020). “Idaho prisoner habeas corpus actions are governed by Idaho Code §19-4205 . A prisoner may complain that his conditions of confinement violate the state or federal constitution in a state habeas corpus action.”
Carr v. Page (D. Idaho 2020). “Idaho prisoner habeas corpus actions are governed by Idaho Code §19-4205 . A prisoner may complain that his conditions of confinement violate the state or federal constitution in a state habeas corpus action.”
Williams v. Hollinshead (Idaho 2020).
— Idaho Code § 19-4205(2)(b) — 4 cases
Loomis v. Killeen, 21 P.3d 929 (Idaho Ct. App. 2001). “I.C. §§ 19-4205(2)(b), 19-4213. The Fourteenth Amendment to the United States Constitution prohibits states from depriving persons of liberty without due process of law.”
Matthews v. Jones, 207 P.3d 200 (Idaho Ct. App. 2009). “I.C. §§ 19-4205(2)(b), 19 — 4213. Matthews’ briefs on this appeal attempt to raise numerous issues for our resolution.”
Floyd v. Idaho State Parole Comm'n (Idaho Ct. App. 2023). “I.C. §§ 19-4205(2)(b), 19-4213. A parolee at a parole revocation proceeding is entitled to some due process protections.”
Terrence Matthews v. Craven (Idaho Ct. App. 2014).
— Idaho Code § 19-4205(5) — 1 case
Stephen J. Kingsley v. Randy Blades (Idaho Ct. App. 2014). “See I.C. § 19-4205(5). Blades requests attorney fees on appeal; however, we cannot say Kingsley’s appeal is wholly frivolous.”
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