R.I. Gen. Laws

R.I. Gen. Laws § 10-9-1

General right to writ

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Every person imprisoned in any correctional institution or otherwise restrained of his or her liberty, other than persons imprisoned or restrained pursuant to a final judgment entered in a criminal proceeding, may prosecute a writ of habeas corpus, according to the provisions of this chapter, to obtain relief from the imprisonment or restraint, if it shall prove to be unlawful.

Notes of Decisions
Cited in 6 cases, 1964–2010 · leading case: Lemme v. Langlois
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Lemme v. Langlois (1968) ri · cites it 7× “However, some doubt as to the validity of this construction of our statute, G.L.1956, § 10-9-1 et seq., has been raised by the construction given the federal habeas corpus statute, 28 U.”
Donahue v. Rhode Island Department of Mental Health, Retardation & Hospitals (1986) rid · cites it 2× “A person deprived of freedom under the state statute also has recourse to the remedy of the writ of habeas corpus under R.I.Gen.Laws § 10-9-1 (1985). Some courts have found that the availability of such a writ can be a factor in determining the constitutionality of a commitment…”
DiLIBERO v. State (2010) ri · cites it 2× “General Laws 1956 § 10-9-1 provides: “Every person imprisoned in any correctional institution or otherwise restrained of his or her liberty, other than persons imprisoned or restrained pursuant to a final judgment entered in a criminal proceeding, may prosecute a writ of habeas…”
DiBattista v. State, Department of Children, Youth & Families (1998) ri · cites it 2× “See G.L.1956 § 10-9-1 (only “[a] person imprisoned in any correctional institution or otherwise restrained of his or her liberty * * * may prosecute a writ of habeas corpus * * * to obtain relief from the imprisonment or restraint, if it shall *643 prove to be unlawful”).”
Noble v. Siwicki (1964) ri “1956, § 10-9-1, are of sufficient latitude to enable a person restrained by reason of commitment to the custody of a probation officer to prosecute a writ of habeas corpus to terminate that restraint if unlawfully imposed.”
State v. Grieco (1981) ri “General Laws 1956 (1969 Reenactment) § 10-9-1 (1980 Cum.Supp.). This section, by its terms, excludes those persons who have been in prison following a final judgment of conviction.”
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