N.C. Gen. Stat. » Chapter 17
NC General Statutes

N.C. Gen. Stat. § 17-1 (2026)

Remedy without delay for restraint of liberty

✓ current as of July 2026
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Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the same, if unlawful; and such remedy ought not to be denied or delayed. (Const., art. 1, s. 18; Rev., s. 1819; C.S., s. 2203.)

 

§ 17-2.  Habeas corpus not to be suspended.

The privileges of the writ of habeas corpus shall not be suspended. (Const., art. 1, s. 21; Rev., s. 1820; C.S., s. 2204.)

 

Article 2.

Application.

Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 1980–2023 · leading case: Jones v. Keller, 698 S.E.2d 49 (N.C. 2010).
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Jones v. Keller, 698 S.E.2d 49 (N.C. 2010). · cites it 6× “I, § 21 (codified at N.C.G.S. § 17-1 (2009)). Before this court, Jones again contends that he is unlawfully imprisoned because the life sentence imposed on him for first-degree murder committed in 1975 was defined as a term of eighty years and he has earned sufficient *53…”
Hoffman v. Edwards, 269 S.E.2d 311 (N.C. Ct. App. 1980). · cites it 3× “G.S. 17-1 provides that “[ejvery person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the same, if unlawful; and such remedy ought not to be denied or delayed,” while G.”
Dep't of Transp. v. Humphries, 496 S.E.2d 563 (N.C. 1998). “, Webster’s Real Estate Law in North Carolina § 17-1, at 699 (Patrick K. Hetrick & James B.”
State v. Daw (N.C. Ct. App. 2021). · cites it 4× “]”); N.C. Gen. Stat. § 17-1 (2019) (“Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the same, if unlawful; and such remedy ought not to be denied or delayed.”
State v. Daw (N.C. Ct. App. 2021). · cites it 4× “]”); N.C. Gen. Stat. § 17-1 (2019) (“Every person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the same, if unlawful; and such remedy ought not to be denied or delayed.”
Broughton v. Baker, 537 F. Supp. 274 (E.D.N.C. 1982). · cites it 2× “See N.C.Gen.Stat. §§ 17-1 et seq. (1978). A hearing on this petition was held in the Superior Court for Wake County.”
Chavez v. McFadden (N.C. 2020). · cites it 3× “The North Carolina Constitution provides that “[e]very person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the restraint if unlawful, and that remedy shall not be denied or delayed,” N.”
Chavez v. McFadden (N.C. 2020). · cites it 3× “The North Carolina Constitution provides that “[e]very person restrained of his liberty is entitled to a remedy to inquire into the lawfulness thereof, and to remove the restraint if unlawful, and that remedy shall not be denied or delayed,” N.”
State v. Chapman, 724 S.E.2d 540 (N.C. Ct. App. 2012). · cites it 2× “” Thus, the court concluded, defendant’s “current detention without bond based on pretrial release orders denying the availability of bond on the basis that [defendant] is charged with capital offenses is unlawful under N.C. Gen. Stat. § 17-1 and [defendant] is entitled to…”
State v. Chapman, 747 S.E.2d 114 (N.C. Ct. App. 2013). · cites it 2× “” Thus, the trial court concluded, defendant’s “current detention without bond based on pretrial release orders denying the availability of bond on the basis that [defendant] is charged with capital offenses is unlawful under N.C. Gen. Stat. § 17-1 and [defendant] is entitled to…”
Heggins v. Lynn (W.D.N.C. 2021). “§ 17-1 Remedy without delay for restraint of liberty, 17-2: Habeas corpus not suspended, 17-3: Who may prosecute writ.”
Allen v. Whitley (W.D.N.C. 2023). “§ 2241 ; § 17-1 (Remedy without delay for restraint of liberty); § 17-2 (Habeas Corpus not to be suspended) GROUND THREE: My rights as a human being has been ignored and avoid, I am dealing with depression because of the oppressing reality of incarceration without conviction and…”
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