11-43-3 - Chapter not to apply in certain cases - service of petition and writ on attorney general in extradition cases. - Mississippi Statutes

§ 11-43-3. Chapter not to apply in certain cases - service of petition and writ on attorney general in extradition cases.
 

Nothing in this chapter shall authorize the discharge of any person convicted of an offense, or charged with an offense committed in any other part of the United States, and who, agreeably to the Constitution of the United States or the laws of the state, ought to be delivered up to the executive power of the state or territory where the offense is charged to have been committed; nor of any person suffering imprisonment under lawful judgment. 
 

This chapter shall not apply to any collateral relief sought by any person following his conviction of a crime. Such relief shall be governed by the procedures prescribed in the Mississippi Uniform Post-Conviction Collateral Relief Act. 
 

Provided, in any suit filed seeking the release of any person being held for extradition to any other part of the United States, its territories or foreign countries or any suit filed hereunder seeking the release of any person ordered extradicted, a copy of the petition and writ shall be served upon the attorney general not less than three (3) days before the date and time set for hearing thereon. 
 

Sources: Codes, Hutchinson's 1848, ch. 65, art. 1 (15); 1857, ch. 48, art. 3; 1871, § 1397; 1880, § 2520; 1892, § 2227; 1906, § 2446; Hemingway's 1917, § 2012; 1930, § 1915; 1942, § 2816; Laws,  1966, ch. 365, § 1; Laws, 1984, ch. 378, § 16, eff from and after passage (approved April 17, 1984).