Nothing in this chapter shall authorize the discharge of any person convicted of an offense, or charged with an offense committed in any other part of the United States, and who, agreeably to the Constitution of the United States or the laws of the state, ought to be delivered up to the executive power of the state or territory where the offense is charged to have been committed; nor of any person suffering imprisonment under lawful judgment.
This chapter shall not apply to any collateral relief sought by any person following his conviction of a crime. Such relief shall be governed by the procedures prescribed in the Mississippi Uniform Post-Conviction Collateral Relief Act.
Provided, in any suit filed seeking the release of any person being held for extradition to any other part of the United States, its territories or foreign countries or any suit filed hereunder seeking the release of any person ordered extradicted, a copy of the petition and writ shall be served upon the Attorney General not less than three (3) days before the date and time set for hearing thereon.
Codes, Hutchinson's 1848, ch. 65, art. 1 (15); 1857, ch. 48, art. 3; 1871, § 1397; 1880, § 2520; 1892, § 2227; 1906, § 2446; Hemingway's 1917, § 2012; 1930, § 1915; 1942, § 2816; Laws, 1966, ch. 365, § 1; Laws, 1984, ch. 378, § 16, eff. 4/17/ 1984.
Notes of Decisions
Cited in
7
cases, 1975–2018 · leading case:
Walker v. State, 555 So. 2d 738 (Miss. 1990).
Walker v. State, 555 So. 2d 738 (Miss. 1990).
· cites it 3× “The State next argues that any suggestion that the matter is a habeas corpus action which should be heard in the jurisdiction of confinement is erroneous in view of Mississippi's Uniform Post-Conviction Collateral Relief Act, citing Miss. Code Ann. § 11-43-3 and 99-39-3 (Supp.”
Clayton Paul Bateman v. State of Mississippi, 267 So. 3d 793 (Miss. Ct. App. 2018).
· cites it 2× “See Miss. Code Ann. § 11-43-3 (Rev. 2012) (excepting post-conviction relief from chapter) and -9 (deleting reference to claims by inmates).”
Nelson v. Tullos, 323 So. 2d 539 (Miss. 1975).
· cites it 2× “In this jurisdiction relief for a defendant who claims to have been convicted as the result of a deprivation of his constitutional rights is by writ of error coram nobis.”
Saunders v. State, 119 So. 3d 1051 (Miss. Ct. App. 2012).
· cites it 2× “Further, under the chapter entitled “Habeas Corpus,” section 11-43-3 of the Mississippi Code Annotated (Rev.”
Pegues v. State, 65 So. 3d 351 (Miss. Ct. App. 2011).
· cites it 2× “Miss.Code Ann. § 11-43-3 (Rev.2002) (noting habeas corpus statute is inapplicable to collateral relief sought following criminal conviction — such relief instead is governed by the Mississippi Uniform PosD-Conviction Collateral Relief Act, Miss.”
State v. Read, 544 So. 2d 810 (Miss. 1989).
· cites it 2× “Applying the act presently, it is clear that Read's petition in the County Court of Rankin County should be treated as a motion under Mississippi Code Annotated, § 99-39-5(1)(g) (Supp.”
Rochester Eugene Presley v. State of Mississippi, 176 So. 3d 158 (Miss. Ct. App. 2015).
· cites it 2× “However, Mississippi Code Annotated section 11-43-3 (Rev.2012) states: “This chapter shall not apply to any collateral relief sought by any person following his conviction of a crime.”
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.