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Mississippi Code

Miss. Code Ann. § 11-43-1 (2026)

To what cases the writ extends

✓ current as of July 2026
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The writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto, except in the cases expressly excepted.

Codes, Hutchinson's 1848, ch. 65, art. 1 (1, 18); 1857, ch. 48, art. 2; 1871, § 1396; 1880, § 2519; 1892, § 2226; 1906, § 2445; Hemingway's 1917, § 2011; 1930, § 1914; 1942, § 2815.

Notes of Decisions
Cited in 32 cases (8 in the last 5 years), 1974–2025 · leading case: Bradley v. State, 355 So. 2d 675 (Miss. 1978).
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Bradley v. State, 355 So. 2d 675 (Miss. 1978). · cites it 4× “Mississippi Code Annotated Section 11-43-1 (1972) sets out in what cases the writ of habeas corpus applies: "The writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody…”
Beckwith v. State, 615 So. 2d 1134 (Miss. 1992). · cites it 2× “Miss. Code Ann. § 11-43-1 ; Jaquith v. Beckwith, 248 Miss.”
Bubac v. Boston, 600 So. 2d 951 (Miss. 1992). · cites it 2× “" Miss. Code Ann. § 11-43-1 (1972). [3] The writ is a "civil, as distinguished from a criminal, remedy or proceeding.”
J.E.W. v. T.G.S., 935 So. 2d 954 (Miss. 2006). · cites it 2× “Tom argues that he sought a writ of habeas corpus based on the applicable statute, Miss.Code Ann. § 11-43-1, which reads, “[t]he writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the…”
Walker v. State, 555 So. 2d 738 (Miss. 1990). · cites it 2× “of 1890; Miss. Code Ann. § 11-43-1 et seq. (1972), as amended; Unif.”
Brown v. State, 90 So. 3d 645 (Miss. Ct. App. 2012). · cites it 2× “2005) (quoting Miss.Code Ann. § 11-43-1 (Rev.2002)). “A petition for habeas corpus is still a viable option in limited circumstances, such as a challenge of the denial of bail pending an appeal, but ‘purely collateral post-conviction remedies attacking a judgment of conviction…”
Pruitt v. Payne, 14 So. 3d 806 (Miss. Ct. App. 2009). · cites it 2× “Mississippi Code Annotated section 11-43-1 (Rev.2002) states that: The writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person…”
Wilson v. Midland Cnty., 116 F.4th 384 (5th Cir. 2024). “130 Miss. Code Ann. § 11-43-1 . 131 Cf. Nance, 597 U.”
Smith v. Banks, 134 So. 3d 715 (Miss. 2014). · cites it 2× “” Miss. Code Ann. § 11-43-1 (Rev.2012). “The function of the habeas corpus court in Mississippi in criminal cases is to release a prisoner who is being unlawfully held or to grant him a bail bond which he can make.”
Moore v. Mississippi Dept. of Corr., 936 So. 2d 941 (Miss. Ct. App. 2005). · cites it 2× “See Miss.Code Ann. § 11-43-1 (Rev.2002). The interests of a person in the ISP do not rise to the level of "constitutionally-cognized liberty interests.”
Harden v. State, 460 So. 2d 1194 (Miss. 1984). “See § 9-1-19 and § 11-43-1 et seq. Miss. Code Ann. (1972).”
Smith v. State, 29 So. 3d 126 (Miss. Ct. App. 2010). · cites it 2× “Miss.Code Ann. § 11-43-1, Nelson v. Tullos, 323 So.”
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