NC General Statutes
N.C. Gen. Stat. § 17-3 (2026)
Who may prosecute writ
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Every person imprisoned or restrained of his liberty within this State, for any criminal or supposed criminal matter, or on any pretense whatsoever, except in cases specified in G.S. 17-4, may prosecute a writ of habeas corpus, according to the provisions of this Chapter, to inquire into the cause of such imprisonment or restraint, and, if illegal, to be delivered therefrom. (1868-9, c. 116, s. 1; Code, s. 1623; Rev., s. 1821; C.S., s. 2205.)
Notes of Decisions
Cited in 13
cases (4 in the last 5 years), 1947–2026 · leading case: Norman v. Nash Johnson & Sons' Farms, Inc., 537 S.E.2d 248 (N.C. Ct. App. 2000).
Norman v. Nash Johnson & Sons' Farms, Inc., 537 S.E.2d 248 (N.C. Ct. App. 2000). “Robinson, II, Robinson on North Carolina Corporation Law § 17-3 at 340 (5th ed.1995). Apparently, our Legislature sought to avoid an unnecessary layer of litigation by adding the requirement that a written pre-litigation demand be made in all cases.”
In re Burton, 126 S.E.2d 581 (N.C. 1962). “G.S. 17-3. The judge issuing the writ may make it returnable before himself, or, for convenience, before any other judge.”
State v. Leach, 742 S.E.2d 608 (N.C. Ct. App. 2013). “” N.C. Gen. Stat. § 17-3 . An application for the issuance of a writ of habeas corpus “must state, in substance, as follows: (1) That the party, in whose behalf the writ is applied for, is imprisoned or restrained of his liberty, the place where, and the officer or person by…”
State v. Daw, 904 S.E.2d 765 (N.C. 2024). “To determine whether the initial hurdle of allowing an application for the writ -10- of habeas corpus has been met, judges must first look to section 17-4, which provides that: Application to prosecute the writ shall be denied in the following cases: (1) Where the persons are…”
State v. Hamrick, 162 S.E.2d 567 (N.C. Ct. App. 1968). “The transcript of the talcing of the verdict, as set out in our statement of facts, was introduced at the hearing before Judge Snepp after identification by the Assistant Clerk of Superior Court, and the Assistant Clerk also testified from her own knowledge that the jury.first…”
Chavez v. McFadden, 843 S.E.2d 139 (N.C. 2020). “After a party applies for the writ, any judge empowered to do so “shall grant the writ without delay, unless it appear from the application itself or from the documents annexed that the person applying or for whose benefit it is intended is, by this Chapter, prohibited from…”
State v. Daw, 860 S.E.2d 1 (N.C. Ct. App. 2021). “§ 17-32 (2019) (emphasis added). Thus, “[a]fter the writ has been served and the custodial officer makes the required return, the trial court must make the factual and legal decisions necessary to determine whether the applicant is, in fact, lawfully imprisoned or restrained…”
Chavez v. McFadden, 843 S.E.2d 139 (N.C. 2020). “After a party applies for the writ, any judge empowered to do so “shall grant the writ without delay, unless it appear from the application itself or from the documents annexed that the person applying or for whose benefit it is intended is, by this Chapter, prohibited from…”
In re Thompson, 44 S.E.2d 475 (N.C. 1947). “such custody be awarded to them.” On tbe bearing in tbe court below tbe court adjudged “that tbe petitioners are lawfully entitled to retain custody of said Robert Lee Thompson pending tbe further orders of this Court .”
State v. Daw, 860 S.E.2d 1 (N.C. Ct. App. 2021). “§ 17-32 (2019) (emphasis added). Thus, “[a]fter the writ has been served and the custodial officer makes the required return, the trial court must make the factual and legal decisions necessary to determine whether the applicant is, in fact, lawfully imprisoned or restrained…”
State v. Rogers, 925 S.E.2d 400 (N.C. Ct. App. 2026). “N.C. Gen. Stat. § 17-3 (2025). However, our General Statutes require the denial of a writ, pertinently, “[w]here persons are committed or detained by virtue of the final order, judgment or decree of a competent tribunal of civil or criminal jurisdiction, or by virtue of an…”
State v. Chapman, 747 S.E.2d 114 (N.C. Ct. App. 2013). “Habeas corpus is a procedure that allows a person to challenge an imprisonment or a restraint on his or her liberty “for any criminal or supposed criminal matter, or on any pretense whatsoever.”
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