532.430. Prisoner held under judicial proceedings discharged, when. — If it appear that the prisoner is in custody by virtue of process from any court legally constituted, or issued by any officer in the service of judicial proceedings before him, such prisoner can only be discharged in one of the following cases:
(1) Where the jurisdiction of such court or officer has been exceeded, either as to matter, place, sum or person;
(2) Where, though the original imprisonment was lawful, yet, by some act, omission or event, which has taken place afterward, the party has become entitled to be discharged;
(3) Where the process is defective in some matter of substance required by law, rendering such process void;
(4) Where the process, though in proper form, has been issued in a case or under circumstances not allowed by law;
(5) Where the process, though in proper form, has been issued or executed by a person who is not authorized by law to issue or execute the same, or where the person having the custody of such prisoner under such process is not the person empowered by law to detain him;
(6) Where the process is not authorized by any judgment, order or decree, nor by any provision of law.
Notes of Decisions
State ex rel. Simmons v. White, 866 S.W.2d 443 (Mo. 1993).
· cites it 2× “1935); and 5) to present jurisdictional issues, § 532.430(1), RSMo 1986. 4 . Although a plea of guilty ordinarily waives all defenses and errors, direct appeal still is proper to attack either jurisdiction or the sufficiency of an indictment or information.”
State v. Edwards, 983 S.W.2d 520 (Mo. 1999).
· cites it 3× “The nature of habeas corpus relief is very limited, State ex rel. Simmons v.”
Griggs v. Venerable Sister Mary Help of Christians, 238 S.W.2d 8 (Mo. Ct. App. 1951).
· cites it 2× “1949, § 532.430, and in no other situation does the court "have power to inquire into the legality or justice of any process, judgment, decree or order of any court legally constituted.”
Cusumano v. Griffith, No. 4:17-cv-00291 (E.D. Mo. Sept. 11, 2019).
· cites it 9× “t his pro se habeas corpus petition with five grounds for relief: (1) ineffective assistance of trial counsel for failing to investigate and call Detective Fourtney; (2) his conviction for Count II should be vacated under the doctrine of collateral estoppel because he was…”
State ex rel. Koster v. Fitzsimmons, 425 S.W.3d 166 (Mo. Ct. App. 2014).
· cites it 2× “Relevant here, § 532.430 RSMo (2000) states: If it appear that the prisoner is in custody by virtue of process from any court legally constituted, or issued by any officer in the service of judicial proceedings before him, such prisoner can only be discharged in one of the…”
Cusumano v. Griffith, No. 4:17-cv-00291 (E.D. Mo. Mar. 17, 2020).
· cites it 2× “Third, Petitioner argued that his conviction on Count II must be vacated pursuant to Missouri law—Mo.Rev.Stat. § 532.430. Fourth, Petitioner argued that his conviction on Count II was tainted by structural error because his trial counsel failed to call Det.”
Barton v. Stange, No. 4:20-cv-08001 (W.D. Mo. May 15, 2020).
· cites it 2× “Subsequent to the State’s request for an execution date, Petitioner filed a petition for writ of habeas corpus relief pursuant to Mo. Rev. Stat. § 532.430 (3) and (4), Missouri Supreme Court Rule 91.”
State of Missouri ex rel. Chris Koster v. Honorable Mark Fitzsimmons, No. SD33124 (Mo. Ct. App. Mar. 17, 2014).
· cites it 2× “10 Relevant here, § 532.430 RSMo (2000) states: If it appear that the prisoner is in custody by virtue of process from any court legally constituted, or issued by any officer in the service of judicial proceedings before him, such prisoner can only be discharged in one of the…”
Mo. Rev. Stat. § 532.430(1): 2 cases
State ex rel. Simmons v. White, 866 S.W.2d 443 (Mo. 1993).
“1935); and 5) to present jurisdictional issues, § 532.430(1), RSMo 1986. 4 . Although a plea of guilty ordinarily waives all defenses and errors, direct appeal still is proper to attack either jurisdiction or the sufficiency of an indictment or information.”
State v. Edwards, 983 S.W.2d 520 (Mo. 1999).
“The nature of habeas corpus relief is very limited, State ex rel. Simmons v.”
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