Illinois Compiled Statutes
735 ILCS 5/10-124 (2026)
Causes for discharge when in custody on process of court
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(735 ILCS 5/10-124)
(from Ch. 110, par. 10-124)
Sec. 10-124.
Causes for discharge when in custody on process of court.
If it appears that the prisoner is in custody by virtue of
process from any court legally constituted, he or she may be discharged only
for one or more of the following causes:
1. Where the court has exceeded the limit of its jurisdiction,
either as to the matter, place, sum or person.
2. Where, though the original imprisonment was lawful, nevertheless, by some
act, omission or event which has subsequently taken place, the party has
become entitled to be discharged.
3. Where the process is defective in some substantial form required
by law.
4. Where the process, though in proper form, has been issued in a
case or under circumstances where the law does not allow process to issue or
orders to be entered for imprisonment or arrest.
5. Where, although in proper form, the process has been issued in a
case or under circumstances unauthorized to issue or execute the same,
or where the person having the custody of the prisoner under such
process is not the person empowered by law to detain him or her.
6. Where the process appears to have been obtained by false pretense
or bribery.
7. Where there is no general law, nor any judgment or order of a
court to authorize the process if in a civil action, nor any conviction if
in a criminal proceeding. No court, on the return of a habeas
corpus, shall, in any other matter, inquire into the legality or justice
of a judgment of a court legally constituted.
(Source: P.A. 82-280.)
Notes of Decisions
Cited in 37
cases (12 in the last 5 years), 1998–2026 · leading case: Ragel v. Scott, 2018 IL App (4th) 170322 (Ill. App. Ct. 2018).
Ragel v. Scott, 2018 IL App (4th) 170322 (Ill. App. Ct. 2018). “735 ILCS 5/10-124 (West 2016). The trial court rejected this argument and denied his complaint, concluding that "there is no probable cause to believe that [plaintiff] is no longer a Sexually Violent Person.”
People v. Floyd F. (In Re N.G.), 2018 IL 121939 (Ill. 2018). “See 735 ILCS 5/10-124 (2014) ; People v. Gosier , 205 Ill.”
Schlemm v. Cowen, 752 N.E.2d 647 (Ill. App. Ct. 2001). “The trial court subsequently denied the petition upon determining that (1) if the petition was considered as a petition for postconviction relief under the Post-Conviction Hearing Act (Act) (725 ILCS 5/122-1 through 122-8 (West 1998)), it was not timely filed, and (2) petitioner…”
Beacham v. Walker, 896 N.E.2d 327 (Ill. 2008). “Habeas corpus provides relief only on the grounds specified in section 10-124 of the Code of Civil Procedure (735 ILCS 5/10-124 (West 1996)). Gosier, 205 Ill.”
Barney v. Prisoner Review Bd., 704 N.E.2d 350 (Ill. 1998). “However, habeas corpus provides relief only on the grounds specified in section 10-124 of the Code of Civil Procedure (735 ILCS 5/10-124 (West 1996)). Klincar, 123 Ill.”
Round v. Lamb, 2017 IL 122271 (Ill. 2017). “2d 327 (2008) ; see 735 ILCS 5/10-124 (West 2016). To be entitled to an order of mandamus , a petitioner must establish " 'a clear right to relief, a clear duty of the public official to act, and a clear authority in the public official to comply with the writ.”
In re N.G., 2018 IL 121939 (Ill. 2019). “See 735 ILCS 5/10-124 (2014); People v. Gosier, 205 Ill.”
In re N.G., 2018 IL 121939 (Ill. 2018). “See 735 ILCS 5/10-124 (2014); People v. Gosier, 205 Ill.”
LaPointe v. Chrans, 770 N.E.2d 701 (Ill. App. Ct. 2002). “See 735 ILCS 5/10-124(2) (West 2000). Respondent filed a motion to dismiss the petition under section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 2000)), and the trial court granted the motion, concluding that (1) Apprendi does not apply retroactively to any…”
People v. Rios, 2013 IL App (1st) 121072 (Ill. App. Ct. 2014). “Defendant argues that the circuit court erred in finding that it lacked jurisdiction to grant relief under the Habeas Corpus Act (Act) (735 ILCS 5/10-124 (West 2012)), where defendant asserted that his judgment of conviction was void because the judge who presided over his bench…”
People v. Rios, 2013 IL App (1st) 121072 (Ill. App. Ct. 2013). “For the following reasons, we affirm the judgment of the circuit court.”
Stewart v. Rosenblum, 2025 IL 131365 (Ill. 2025). “¶ 49 Habeas corpus provides relief only on the grounds specified in section 10-124 of the Code of Civil Procedure (735 ILCS 5/10-124 (West 2024)). Barney, 184 Ill.”
— 735 ILCS 5/10-124(1) — 2 cases
Gakuba v. The Illinois Prisoner Review Bd., 2023 IL App (1st) 221509-U (Ill. App. Ct. 2023).
Johnson v. Wills, 2026 IL App (5th) 250280-U (Ill. App. Ct. 2026).
— 735 ILCS 5/10-124(2) — 5 cases
Ragel v. Scott, 2018 IL App (4th) 170322 (Ill. App. Ct. 2018). “735 ILCS 5/10-124 (West 2016). The trial court rejected this argument and denied his complaint, concluding that "there is no probable cause to believe that [plaintiff] is no longer a Sexually Violent Person.”
LaPointe v. Chrans, 770 N.E.2d 701 (Ill. App. Ct. 2002). “See 735 ILCS 5/10-124(2) (West 2000). Respondent filed a motion to dismiss the petition under section 2-615 of the Code of Civil Procedure (735 ILCS 5/2-615 (West 2000)), and the trial court granted the motion, concluding that (1) Apprendi does not apply retroactively to any…”
Johnson v. Wills, 2024 IL App (5th) 230949-U (Ill. App. Ct. 2024).
People v. Quickle, 2025 IL App (4th) 240959-U (Ill. App. Ct. 2025).
People v. Luczak (Ill. App. Ct. 2007).
— 735 ILCS 5/10-124(3) — 2 cases
Johnson v. Wills, 2024 IL App (5th) 230949-U (Ill. App. Ct. 2024).
Lela (C.D. Ill. 2026).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
|