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Missouri Revised Statutes

Mo. Rev. Stat. § 532.010 (2026)

Who may prosecute the writ

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  532.010.  Who may prosecute the writ. — Every person committed, detained, confined or restrained of his liberty, within this state, for any criminal or supposed criminal matter, or under any pretense whatsoever, except when, according to the provisions of this chapter, such person can be neither discharged nor bailed, or otherwise relieved, may prosecute a writ of habeas corpus as herein provided, to inquire into the cause of such confinement or restraint.

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(RSMo 1939 § 1590)

Prior revisions: 1929 § 1426; 1919 § 1876; 1909 § 2441

(1977) Held, habeas corpus is a proper remedy to seek relief from cruel and unusual punishment or conditions even though detention itself was legal. McIntosh v. Haynes (Mo.), 545 S.W.2d 647.

Notes of Decisions
Cited in 30 cases (3 in the last 5 years), 1951–2023 · leading case: State ex rel. Fleming v. Missouri Bd. of Prob. & Parole, 515 S.W.3d 224 (Mo. 2017).
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State ex rel. Fleming v. Missouri Bd. of Prob. & Parole, 515 S.W.3d 224 (Mo. 2017). · cites it 7× ““Every person committed, detained, confined or restrained of his liberty, within this state, for any criminal or supposed criminal matter, or under any pretense whatsoever .”
Clay v. Dormire, 37 S.W.3d 214 (Mo. 2000). · cites it 4× “See also section 532.010 (RSMo.1994). [2] Simmons v.”
McIntosh v. Haynes, 545 S.W.2d 647 (Mo. 1977). · cites it 5× “Section 532.010, RSMo 1969, 1 provides: “Every person committed, detained, confined or restrained of his liberty, within this state, for any criminal or supposed criminal matter, or under any pretense whatsoever, except when, according to the provisions of this chapter, such…”
State ex rel. Simmons v. White, 866 S.W.2d 443 (Mo. 1993). · cites it 2× “§ 532.010, RSMo 1986; Rule 91.01. Second, the application for the writ is made to a court having jurisdiction and venue over the jailer.”
Fletcher v. Armontrout, 725 F. Supp. 1075 (W.D. Mo. 1989). · cites it 8× “Section 1590 of the 1939 Revised Statutes of Missouri cited in Williams was, of course, but an earlier revision of Section 532.010 R.S.Mo.1959 which, in its turn, was the source of Rule 91.”
Brown v. Missouri Bd. of Prob. & Parole, 727 F. Supp. 524 (W.D. Mo. 1989). · cites it 5× “The habeas petition filed in the Supreme Court of Missouri alleged that it was filed "pursuant to § 532.010 (1949), et seq., and Missouri Supreme Court Rule 91”; that the petitioner was "being unlawfully restrained of his liberty" by the respondents Missouri Board of Probation…”
Walters v. Walters, 181 S.W.3d 135 (Mo. Ct. App. 2005). · cites it 2× “Mo.Rev. Stat. § 532.010 (2000); State ex rel.”
State ex rel. Nixon v. Pennoyer, 36 S.W.3d 767 (Mo. Ct. App. 2000). · cites it 8× “01(b); Section 532.010, RSMo 1994. Bonner claims he is being illegally held because his 35 year sentence should have been reduced so that his five-year term would have commenced sooner and would now be over.”
Brown v. Gammon, 947 S.W.2d 437 (Mo. Ct. App. 1997). · cites it 2× “Brown’s claim, this court must determine whether habeas corpus is the appropriate remedy in this case.”
Bromwell v. Nixon, 361 S.W.3d 393 (Mo. 2012). “” Appellants argue that the circuit court was required to issue writs of habeas corpus based on a supplemental complaint filed in the circuit court, § 532.010, and Rule 91.06. Rule 91.06 states: Whenever any court of record, or any judge thereof, shall have evidénce from any…”
Redding v. Vermillion, 416 F. Supp. 1181 (W.D. Mo. 1976). · cites it 6× “However, there are no reported eases in which the Missouri State Board of Probation and Parole has been compelled through mandamus to grant a timely parole revocation hearing to a prisoner not in custody within the state.”
State of Missouri ex rel. Chris Koster v. Honorable Gary Oxenhandler, 491 S.W.3d 576 (Mo. Ct. App. 2016). · cites it 2× “” See also section 532.010 (providing that “[e]very person committed, detained, confined or restrained of his liberty, within this state, for any criminal or supposed criminal matter, or under any pretense whatsoever, .”
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