Legal Question in Criminal Law in Idaho

Habeas corpus & parole

Once an inmate has completed the ''fixed'' sentence, and has been denied parole at the first parole hearing... If it is believed that the reason for denial is not factual, can filing a petition for a writ of habeas corpus be an option for release? Or is this petition reserved only for the initial court decision?


Asked on 4/17/02, 10:25 pm

2 Answers from Attorneys
Gass Timothy Gass Law Office

Re: Habeas corpus & parole

you can file for habeas corpus at any time that you are being held against your will illegally. Idaho Code section says it best as: "Every person unlawfully committed, detained confined or restrained of his liberty, under any pretense whatever, may prosecute a writ of habeas corpus, to inquire into the case of such imprisonment or restraint."

However, if you're still incarcerated under the indeterminate part of the sentence, generally you are not being held illegally unless the court exceeded the max sentence that could be imposed for your crime.

You can file this anytime you are incarcerated illegally

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Answered on 4/19/02, 11:35 am
Richard B. Huttner Richard B. Huttner, P.C.

Re: Habeas corpus & parole

Parole is in the discretion of the parole board. A writ of Habeas corpus will not change that.

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Answered on 4/17/02, 10:40 pm


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