{"data":{"id":"us-sd/sdcl-21-27-28","jurisdiction":"us-sd","citation":"SDCL § 21-27-28","heading":"Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment.","body":"No person who has been discharged by order of a court or judge upon a writ of habeas corpus shall be again imprisoned, restrained, or kept in custody for the same cause, unless he be afterward prosecuted for the same offense; nor unless by the legal order or process of the court wherein he is bound by recognizance to appear. The following shall not be deemed to be the same cause:\n(1) If after a discharge for a defect of proof, or on any material defect in the commitment in a criminal case, such person should be again arrested on sufficient proof, and committed by legal process for the same offense;\n(2) If in a civil suit such person has been discharged for any illegality in the judgment or process, and is afterward imprisoned by legal process for the same cause of action;\n(3) Generally, whenever the discharge has been ordered on account of the nonobservance of any of the forms required by law, such person may be a second time imprisoned, if the cause be legal, and the forms required by law observed.","path":["TITLE 21. JUDICIAL REMEDIES","CHAPTER 21-27. HABEAS CORPUS"],"source_url":"https://sdlegislature.gov/Statutes/21-27-28","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"a93badf18d69f34f2fb73bf16164cd1b2deb3861cc6675639d3161e8e8f3d072","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-21-27-27","next":"us-sd/sdcl-21-27-29"},"notice":"GroundRules: Original legal text. Not legal advice."}