NC General Statutes

N.C. Gen. Stat. § 17-4 (2026)

When application denied

✓ current as of July 2026

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Application to prosecute the writ shall be denied in the following cases:

(1) Where the persons are committed or detained by virtue of process issued by a court of the United States, or a judge thereof, in cases where such courts or judges have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of suits in such courts.

(2) Where 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 execution issued upon such final order, judgment or decree.

(3) Where any person has willfully neglected, for the space of two whole sessions after his imprisonment, to apply for the writ to the superior court of the county in which he may be imprisoned, such person shall not have a habeas corpus in vacation time for his enlargement.

(4) Where no probable ground for relief is shown in the application. (1868-9, c. 116, s. 2; Code, s. 1624; Rev., s. 1822; C.S., s. 2206; 1971, c. 528, s. 1.)

Notes of Decisions

Cited in 17 cases (5 in the last 5 years), 1948–2026 · leading case: State v. Hunt, 582 S.E.2d 593 (N.C. 2003).

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State v. Hunt, 582 S.E.2d 593 (N.C. 2003). · cites it 3× “See N.C.G.S. § 17-4(4) (2001). Thereafter, petitioner filed a petition for writ of habeas corpus with this Court to review Judge Thompson’s 21 January 2003 order and further moved for stay of execution.”

State v. Leach, 742 S.E.2d 608 (N.C. Ct. App. 2013). · cites it 14× “On 5 May 2011, the trial court entered an order denying Defendant’s habeas corpus petition pursuant to N.C. Gen. Stat. § 17-4 (2) (providing that a petition for the issuance of a writ of habeas corpus should be denied in the event that the applicant is “committed or detained by…”

Chavez v. Carmichael, 822 S.E.2d 131 (N.C. Ct. App. 2018). · cites it 4× “See N.C. Gen. Stat. § 17-4 (4) (2017) (“Application to prosecute the writ [of habeas corpus] shall be denied .”

State v. Daw (N.C. 2024). · cites it 152× “N.C.G.S. § 17-4 (2023). This provision mandates summary denial of an application to prosecute the writ when the applicant is, among other things, imprisoned due to a final judgment or order of a court possessing jurisdiction over the matter, regardless of whether the matter is…”

Pake v. Byrd, 286 S.E.2d 588 (N.C. Ct. App. 1982). “See 3 Williston on Sales § 17-4 (4th ed. 1974). Moreover, neither the formal words of an express warranty nor the seller’s intent to afford such a warranty is necessary to fulfill the requirements of the statute.”

State v. Cannon, 94 S.E.2d 339 (N.C. 1956). “Our statute, G.S. 17-4, subsection 2, provides that an application to prosecute the writ in a habeas corpus proceeding shall be denied, “Where persons are committed or detained by virtue of the final order, judgment or decree of a competent tribunal of civil or criminal…”

Matter of Imprisonment of Stevens, 221 S.E.2d 839 (N.C. Ct. App. 1976). “Our Legislature, furthermore, has clarified the scope of a court’s habeas corpus jurisdiction to include those instances “[w]here, though the original imprisonment was lawful, yet by some act, omission or event, which has taken place afterwards, the party has become entitled to…”

In Re Renfrow, 100 S.E.2d 315 (N.C. 1957). “G.S. 17-4 provides that “application to prosecute the writ shall be denied .”

State v. Daw (N.C. Ct. App. 2021). · cites it 21× “In the section of the current version of the North Carolina Superior Court Judges’ Benchbook related to habeas corpus, only the general rule cited by the trial court in its order—N.C. Gen. Stat. § 17-4—is mentioned. See Jessica Smith, Habeas Corpus 3 (Mar.”

State v. Taylor, 49 S.E.2d 749 (N.C. 1948). “(2) where 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 execution issued upon such final order, judgment or decree.” In re Schenck, 74 N. C., 607 .”

In the Matter of Harris, 84 S.E.2d 808 (N.C. 1954). “And this is so notwithstanding G.S. 17-4 (2) which provides that the application to prosecute the writ shall be denied “Where 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…”

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— N.C. Gen. Stat. § 17-4(2) — 5 cases

State v. Daw (N.C. 2024). “N.C.G.S. § 17-4 (2023). This provision mandates summary denial of an application to prosecute the writ when the applicant is, among other things, imprisoned due to a final judgment or order of a court possessing jurisdiction over the matter, regardless of whether the matter is…”

State v. Daw (N.C. Ct. App. 2021). “In the section of the current version of the North Carolina Superior Court Judges’ Benchbook related to habeas corpus, only the general rule cited by the trial court in its order—N.C. Gen. Stat. § 17-4—is mentioned. See Jessica Smith, Habeas Corpus 3 (Mar.”

Broughton v. Baker, 537 F. Supp. 274 (E.D.N.C. 1982).

— N.C. Gen. Stat. § 17-4(4) — 1 case

State v. Hunt, 582 S.E.2d 593 (N.C. 2003). “See N.C.G.S. § 17-4(4) (2001). Thereafter, petitioner filed a petition for writ of habeas corpus with this Court to review Judge Thompson’s 21 January 2003 order and further moved for stay of execution.”

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