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      CCRP 362     


Art. 362.  Custody with court order

If the person in custody is being held by virtue of a court order, relief shall be granted only on the following grounds:

(1)  The court has exceeded its jurisdiction;

(2)  The original custody was lawful, but by some act, omission, or event which has since occurred, the custody has become unlawful;

(3)  The order for the custody is deficient in some legal requisite;

(4)  The order for the custody, although legal in form, imposes an illegal custody;

(5)  The custodian is not the person allowed by law to detain the person in custody;

(6)  He has been denied his right to a hearing in an extradition case, as provided in Article 267; or

(7)  He is being held in custody prior to trial in violation of due process of law.

Amended by Acts 1980, No. 429, §2, eff. Jan. 1, 1981.

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