Massachusetts General Laws

Mass. Gen. Laws ch. 248, § 1 (2026)

Persons entitled to writ; exceptions

✓ current as of July 2026

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Section 1. Whoever is imprisoned or restrained of his liberty may, as of right and of course, prosecute a writ of habeas corpus, according to this chapter, to obtain release from such imprisonment or restraint, if it proves to be unlawful, unless—

First, He has been committed for treason or felony, or on suspicion thereof, or as accessory before the fact to a felony, and the cause has been plainly expressed in the warrant of commitment.

Second, He has been convicted or is in execution upon legal process, civil or criminal.

Third, He has been committed on mesne process in a civil action in which he was liable to arrest and imprisonment, unless excessive and unreasonable bail was required.

Notes of Decisions

Cited in 39 cases (5 in the last 5 years), 1925–2026 · leading case: Birchall, 913 N.E.2d 799 (Mass. 2009).

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Birchall, 913 N.E.2d 799 (Mass. 2009). · cites it 3× “Birchall filed a petition for a writ of habeas corpus in the county court pursuant to G. L. c. 248, § 1, seeking relief from his continued detention in the Barnstable County house of correction, where he has been held since April 19, 2007.”

Averett v. Comm'r of Corr., 25 Mass. App. Ct. 280 (Mass. App. Ct. 1988). · cites it 5× “Claiming that they had served in full the sentences imposed on their convictions but that the Commissioner of Correction (commissioner) had ordered the forfeiture of their statutory good time credits in violation of their rights, the inmate petitioners sought their “immediate…”

Coffin v. Superintendent, Massachusetts Treatment Ctr., 936 N.E.2d 418 (Mass. 2010). · cites it 2× “248, § 1, or G. L. c. 231 A, § 1. When the Commonwealth filed its SDP petition, it had been on notice for more than five months that the plaintiff’s sentence of community parole supervision for life was unconstitutional; indeed, the Commonwealth had conceded the constitutional…”

Pina v. Superintendent, Massachusetts Corr. Inst., 382 N.E.2d 1079 (Mass. 1978). “In the Commonwealth, a petitioner may obtáin a writ either by right, G. L. c. 248, § 1, or at the discretion of the court, G.”

Gail Sylvander v. New England Home for Little Wanderers, 584 F.2d 1103 (1st Cir. 1978). “203 (1834); Mass. Gen. Laws c. 248 §§ 1, 35 — 40. Finally, the writ has been issued in several child custody cases decided by federal courts, albeit in special and largely distinguishable circumstances.”

Averett, 533 N.E.2d 1023 (Mass. 1989). “See G. L. c. 248, § 1; Mass. R. Crim. P. 30 (c) (2).”

Temple v. Marlborough Div. of the Dist. Court Dep't, 479 N.E.2d 137 (Mass. 1985). “” Furthermore, he could have sought immediate release from commitment by means of a petition for writ of habeas corpus under G. L. c. 248, § 1 (1984 ed.). Finally, he could have moved under Mass.”

Stewart, 583 N.E.2d 854 (Mass. 1992). “G. L. c. 248, § 1 (1990 ed.). See Nelson, supra at 386 (“A petition for a writ of habeas corpus is appropriate where the petitioner alleges that he is entitled to immediate release”).”

Bates v. Commonwealth, 751 N.E.2d 843 (Mass. 2001). “Bates is incarcerated pursuant to his criminal convictions, and his claims relate to the indictment, trial, conviction, and sentencing stages of the case.”

Rubin F. Needel v. Palmer C. Scafati, Superintendent, 412 F.2d 761 (1st Cir. 1969). “Mass. Gen. Laws ch. 248 § 1. Nor is this a situation like that confronted by the Supreme Court in Smith v.”

McCastle, 514 N.E.2d 1307 (Mass. 1987). “At the time of the 1979 adoption of the Rules of Criminal Procedure, G. L. c. 248, § 1, which deals with the issuance of writs of habeas corpus “as of right,” already excluded convicted persons; the present text is identical to that of R.”

Stokes v. Superintendent, Massachusetts Corr. Inst., 452 N.E.2d 1123 (Mass. 1983). “G. L. c. 248, §§ 1 & 25. Here, Stokes claimed that the superintendent did not provide him a status review hearing to which he was entitled pursuant to the Commissioner’s regulations.”

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— Mass. Gen. Laws ch. 248, § 1(a) — 1 case

Ferreira v. Alves (D. Mass. 2021).

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