Wyoming Statutes

Wyo. Stat. § 1-27-101 (2026)

Petition to be under oath; contents.

✓ current as of May 2026

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(a) The petition for the writ of habeas corpus shall be
sworn to and shall state:

          (i) The person for whom the writ is sought is
restrained of his liberty, by whom he is restrained and the
place where he is restrained, stating the names of the parties
if known and if unknown, describing them with as much
particularity as practicable;

          (ii) The cause or reason for the restraint according
to the best information of the petitioner, and if it is by
virtue of any legal process, a copy thereof must be annexed or a
satisfactory reason presented for its absence;

           (iii)    The restraint is illegal;

          (iv) The legality of the restraint has not been
adjudged in a prior proceeding, of the same character, to the
best knowledge and belief of the applicant, or if previously
adjudged the facts of the prior proceeding with a copy of all
the papers connected therewith or a satisfactory reason for the
absence thereof; and

          (v) Whether petition for the writ has been made to
and refused by any court or judge, and if a petition has been
made, a copy of the petition with the reason for the refusal
appended or satisfactory reasons given for the failure to do so.

Notes of Decisions

Cited in 10 cases, 1978–2019 · leading case: Nixon v. State, 2002 WY 118 (Wyo. 2002).

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Nixon v. State, 2002 WY 118 (Wyo. 2002). · cites it 4× “35(a) and state habeas corpus relief pursuant to Wyo. Stat. Ann. §§ 1-27-101 et seq.—all available methods contain time limits for taking such actions.”

Brown v. State, 2008 WY 9 (Wyo. 2008). · cites it 4× “35(a) and state habeas corpus relief pursuant to Wyo. Stat. Ann. §§ 1-27-101 et seq. — all available methods contain time limits for taking such actions.”

State Ex Rel. Klopotek v. Dist. Court of Sheridan Cnty., 621 P.2d 223 (Wyo. 1980). · cites it 4× “" Section 1-27-101(a)(v), W.S. 1977 recognizes the repetitive *229 availability of a petition for a writ of habeas corpus by requiring copies of previous petitions which have been refused to be appended to a present petition.”

Tri-Cnty. Elec. Ass'n v. City of Gillette, 584 P.2d 995 (Wyo. 1978). · cites it 2× “[11] To further converge eminent domain authority of a municipality upon the specific type of property with which we are here concerned, there is other statutory authority to condemn.”

Parkhurst v. State, 443 P.3d 834 (Wyo. 2019). · cites it 2× “Parkhurst has not identified any inconsistency within the Factual Innocence Act in *838 need of resolution, or any ambiguity in need of construction.”

State Ex Rel. Hopkinson v. Dist. Court, Teton Cnty., 696 P.2d 54 (Wyo. 1985). “I Writs of habeas corpus are governed by §§ 1-27-101 through 1-27-134, W.S. The Wyoming Constitution makes little reference to the writ other than recognizing it as a constitutional right and that “[t]he privilege of the writ of habeas corpus shall not be suspended unless, when…”

Weldon v. Ramstad-Hvass, 512 F. App'x 783 (10th Cir. 2013). “Arnold, a Wyoming state-court judge, violated his federal constitutional rights by construing the scope of the Wyoming habeas corpus statute, Wyo. Stat. Ann. §§ 1-27-101 to -130, in a manner denying habeas corpus relief to all Wyoming prisoners.”

Barela v. State, 2002 WY 143 (Wyo. 2002). · cites it 2× “, Wyo. Stat. Ann. § 1-27-101 et seq., Wyo. Stat.”

Hamill v. Ferguson, 937 F. Supp. 1517 (D. Wyo. 1996). · cites it 4× “Hamill filed a petition for a writ of habeas corpus in the Wyoming District Court, Second Judicial District, Carbon County, the pursuant to Wyo.Stat. §§ 1-27-101 through 134, alleging: (1) he was placed in custody in California without a warrant from June 30, 1994, to September…”

Hamill v. Ferguson, 937 F. Supp. 1528 (D. Wyo. 1996). · cites it 2× “35 filed in the Wyoming District Court, and may assert both jurisdictional and nonjurisdietional errors of both state and federal law in such post-revocation proceedings, but the class of persons to which he belongs, parolees, can raise only jurisdictional error by filing a peti…”

— Wyo. Stat. § 1-27-101(a)(v) — 1 case

State Ex Rel. Klopotek v. Dist. Court of Sheridan Cnty., 621 P.2d 223 (Wyo. 1980). “" Section 1-27-101(a)(v), W.S. 1977 recognizes the repetitive *229 availability of a petition for a writ of habeas corpus by requiring copies of previous petitions which have been refused to be appended to a present petition.”

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