Mo. Rev. Stat. » Chapter 532
Missouri Revised Statutes

Mo. Rev. Stat. § 532.070 (2026)

Writ shall issue without application, when

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  532.070.  Writ shall issue without application, when. — Whenever any court of record, or any judge thereof, shall have evidence, from any judicial proceedings had before such court or judge, that any person is illegally confined or restrained of his liberty, within the jurisdiction of such court or judge, it shall be the duty of the court or judge to issue a writ of habeas corpus for his relief, although no application or petition be presented for such writ.

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(RSMo 1939 § 1594)

Prior revisions: 1929 § 1430; 1919 § 1880; 1909 § 2445

Notes of Decisions
Cited in 5 cases, 1975–2011 · leading case: Matney v. State, 110 S.W.3d 872 (Mo. Ct. App. 2003).
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Matney v. State, 110 S.W.3d 872 (Mo. Ct. App. 2003). · cites it 6× “06 and § 532.070, RSMo 2000. Under the petition for DNA testing, he alleged, in part, that he “was denied access to material ‘DNA’ and other testable evidence in custody of the State that could have aided in his actual innocence in violation of the 5th and 14th amendments [of…”
State v. Sexton, 75 S.W.3d 304 (Mo. Ct. App. 2002). · cites it 3× “In Defendant’s fifth and final point on appeal, he asserts the trial court should have sua sponte issued a writ of habeas corpus pursuant to § 532.070. 9 Apparently, Defendant is attempting to impose a duty upon the motion court if it decided his claims were proeedurally barred,…”
State v. Grantham, 519 S.W.2d 19 (Mo. 1975). · cites it 2× “also § 532.070, RSMo 1969, V.A.M.S.) provides: Whenever any court of record, or any judge thereof, shall have evidence, from any judicial proceedings had before such court or judge, that any person is illegally confined or restrained of his liberty, within the jurisdiction of…”
Finerson v. Roper, 161 S.W.3d 902 (Mo. Ct. App. 2005). · cites it 3× “In his prayer for relief, Defendant asked that the court declare his right to a writ of habeas corpus and a new trial based on his allegation that the trial court lacked jurisdiction to impose sentence and judgment because it failed to have the jury’s verdict rendered in open…”
State v. Tyler, 349 S.W.3d 430 (Mo. Ct. App. 2011). · cites it 2× “06 and section 532.070] would apply.” Tyler again requested that a judge be assigned to his criminal case to address pending motions challenging his sentences.”
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