A writ of habeas corpus may be granted by either a District Court or this Court. Section 46-22-202(1), MCA. A district court's denial of a petition for a writ of habeas corpus is not appealable to this Court. Morrison v. Mahoney, 2002 MT 21, ¶ 3, 308 Mont. 196, 41 P.3d 320. Consequently, this Court will not consider whether a District Court abused its discretion in denying a petition for habeas corpus. Miller v. Eleventh Jud. Dist. Ct., 2007 MT 58, ¶ 5, 336 Mont. 207, 154 P.3d 1186. A district court's denial of a writ does not constitute res judicata or divest this Court of jurisdiction to grant a subsequent petition. Thomas v. Doe, 2011 MT 283, ¶ 6, 362 Mont. 454. Successive applications for the writ may be brought before this Court until the judicial power of the State has been exhausted. In re Hart, 178 Mont. 235, 243-44, 583 P.2d 411, 415-16 (1978).
The speedy nature of the writ must never be sacrificed by relegating habeas corpus to criminal appellate procedure. In re Hart, 178 Mont. 234, 244, 583 P.2d 411, 416 (1978).
The original prosecution is a criminal proceeding, but an original petition for a writ of habeas corpus initiates a civil proceeding. It is a new suit brought to enforce a civil right against those holding the petitioner in custody based upon the underlying criminal proceeding. In re Hart, 178 Mont. 235, 239, 583 P.2d 411, 413 (1978).