Idaho Code
Idaho Code

Idaho Code § 19-4208 (2026)

General procedures governing habeas corpus proceedings.  

✓ current as of May 2026
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General procedures governing habeas corpus proceedings.  

A habeas corpus proceeding is a civil action and is governed by the provisions of this chapter and the Idaho court rules to the extent that such rules are not inconsistent with this act.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1978–2024 · leading case: Quinlan v. Idaho Comm'n for Pardons & Parole, 69 P.3d 146 (Idaho 2003).
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Quinlan v. Idaho Comm'n for Pardons & Parole, 69 P.3d 146 (Idaho 2003). · cites it 4× “First, we review the lower court’s summary judgment decision regarding the statutory right to counsel. And second, we review the denial of Quinlan’s petition for writ of habeas corpus.”
Jacobsen v. State, 577 P.2d 24 (Idaho 1978). · cites it 4× “See I.C. §§ 19-4208, 19-4212. A perusal of the statute makes clear that the return is not intended to be a pleading responsive to the petition and further indicates that the burden of putting issues in controversy clearly lies upon the person brought before the court.”
Drennon v. Fisher, 120 P.3d 1146 (Idaho Ct. App. 2005). · cites it 4× “Although he raises a number of issues, we need only address Drennon’s challenge to the district court’s ruling on respondent’s motion to dismiss without first considering his motion to amend.”
Brennan v. State, 841 P.2d 441 (Idaho Ct. App. 1992). · cites it 2× “If Brennan’s allegations would not entitle him to relief even if proved, the magistrate would commit no error by dismissing the petition without issuance of a writ requiring the custodian to file a return and affording an evidentiary hearing.”
Hoots v. Craven, 192 P.3d 1095 (Idaho Ct. App. 2008). · cites it 2× “I.C. § 19-4208; I.R.C.P. 1(a); Quinlan v.”
Burghart v. Carlin, 264 P.3d 71 (Idaho Ct. App. 2011). · cites it 2× “He continues to argue that he has a liberty interest in parole and was denied due process in the parole hearing, that his parole denial was not supported by any evidence, and that he exhausted his administrative remedies.”
Williams v. Hollinshead (Idaho 2020). · cites it 4× “This Court granted the Petitioners’ request to expedite the appeal pursuant to Idaho Appellate Rule 44.”
Williams v. Hollinshead (Idaho 2020). · cites it 4× “This Court granted the Petitioners’ request to expedite the appeal pursuant to Idaho Appellate Rule 44.”
Creech v. Randy Valley (Idaho 2024). · cites it 2× “3d 954 , 959 (2020) (citing I.C. § 19-4208). The habeas applicant has the burden of establishing error.”
Creech v. Randy Valley, 560 P.3d 1000 (Idaho 2024). · cites it 2× “3d 954 , 959 (2020) (citing I.C. § 19-4208). The habeas applicant has the burden of establishing error.”
O-Kel (Idaho Ct. App. 2011). · cites it 2× “Idaho Code § 19-4208 ; Hoots, 146 Idaho at 275 , 192 P.”
Jason Waidelich v. Tim Wengler (Idaho Ct. App. 2013). · cites it 2× “I.C. § 19-4208; Quinlan v. Idaho Comm’n for Pardons & Parole, 138 Idaho 726, 729 , 69 P.”
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