(dissenting).
This country was created, then matured and prospered, upon a foundational concept of liberty. Habeas corpus is referred to as “the most important writ of all” and is “often called the great writ of liberty....” 4 C. Torcia, Wharton’s Criminal Procedure, § 646, at 374 (12th ed. 1976). See Cochrun v. Solem, 397 N.W.2d 94, 96 (S.D. 1986). See also L. Yackle, Postconviction Remedies, § 4 (1981) (where a concise history of habeas corpus appears). Another commentator identified habeas corpus as the “most important human rights provision in the Constitution.” Chafee, The Most Important Human Right in the Constitution, 32 B.U.L.Rev. 143,143 (1952).1 I fear this Court, by permitting summary disposition of habeas corpus claims by judicial fiat, has opened a crack in the infrastructure of “the great writ” into which an alarming number of habeas corpus cases will be forced until, alas, the crack becomes a cavernous opening used to circumvent the righteous demands that the pursuit of liberty places upon our judicial system. Let us not, those who serve in the judiciary, cast out a grace, bestowed upon us, by our state constitution, S.D. Const, art. VI, § 8, which prohibits the suspension of habeas corpus, except in cases of rebellion or invasion.
Habeas corpus is guaranteed constitutionally (a gift of our forefathers) and the *632procedure for determining the merits of a case is set forth statutorily. S.D. Const, art. VI, § 8; SDCL 21-27-14. Long ago, this Court recognized the writ as being one of constitutional right. In re Hammill, 9 S.D. 390, 69 N.W. 577 (1896). Statutory authority does not specifically exist for summary disposition of habeas corpus claims. See SDCL ch. 21-27. In fact, the legislature, in 1983 or thereafter, did not reenact, into the habeas corpus section, certain post-conviction statutes which previously authorized summary disposition of claims.2
In Rosander v. Board of County Comm’rs, 336 N.W.2d 160, 161 (S.D.1983), we set forth a basic rule of statutory construction: “When the legislature amends the terms of a statute, we generally presume that the legislature intended to alter the meaning of the statute to comport with the new terms.” State v. Heisinger, 252 N.W.2d 899, 903 (S.D.1977); In re Dwyer, 49 S.D. 350, 354, 207 N.W. 210, 212 (1926). Under present South Dakota law, I am compelled to reason that summary judgment is not proper in habeas corpus cases. Perhaps the legislature’s ability to expressly incorporate summary judgment procedures to habeas corpus claims does hypothetically exist. As I have reviewed above, however, this limitation does not now exist. Steadfastly do I maintain that this Court should not read more into a statute than is written there by the legislature. See F & M Agency v. Dornbush, 402 N.W.2d 353, 357 (S.D.1987); In re Famous Brands, Inc., 347 N.W.2d 882, 884-85 (S.D.1984); Elk Point Independent Sch. Dist. v. State, 85 S.D. 600, 605, 187 N.W.2d 666, 669 (1971). This principle should be applied to the set of facts at hand.
Lastly, the habeas corpus statute provides: “The court or judge shall proceed in a summary way to settle the facts by hearing the evidence and arguments....” SDCL 21-27-14 (emphasis added).3 No evidence was taken. Thus, the plain words of this statute preclude summary disposition of habeas corpus claims. We, of the judiciary, ought await explicit legislative authorization before considering if habeas corpus, the “great writ of liberty” and the “most important human rights provision in the Constitution,” may be treated in cursory, summary judgment fashion.
Therefore, I would reverse the circuit court's order granting summary judgment to the State, ring the Liberty Bell with the great old writ, and remand this proceeding with instructions that an evidentiary hear-*633mg be held. A bottom line exists in this struggle: Within the confines of an eviden-tiary hearing, governed by the procedural framework of the writ of habeas corpus, the truth of remarks made in front of the jury, during closing arguments, used to convict Reutter, may spring forth in order to determine if rights were violated by a nondisclosure of exculpatory information on the part of the State; in essence, evidence should be taken to determine if Reut-ter’s constitutional rights were violated. Surely, Reutter’s claims are neither patently frivolous nor palpably incredible. See United States v. Sanfilippo, 564 F.2d 176 (5th Cir.1977). In stating this, I take judicial notice of record filed in this Court in the case of State v. Reutter, 374 N.W.2d 617 (S.D.1985).
. Mr. Chafee eloquently wrote: "[S]uch great liberties as worship and speech will go on somehow, despite laws, but not liberty of the person. Censorship can be evaded; prosecutions against ideas may break down; a prison wall is there. Only habeas corpus can penetrate it. When imprisonment is possible without explanation or redress, every form of liberty is impaired.” 32 B.U.L.Rev. at 143 (emphasis in original). Indeed, habeas corpus may well be " ‘the single advantage our government has over that of other countries.”' Id. (quoting Boswell’s Life of Johnson, narrative for Sept. 1769).
. In 1966, South Dakota enacted its version of the Uniform Post-Conviction Procedure Act. 1966 S.D.Sess.Laws ch. 121. Two types of summary disposition were added to the Uniform Post-Conviction Procedure Act in 1971. 1971 S.D.Sess.Laws ch. 161, §§ 6, 7. SDCL 23-52-10.1 (1971) provided:
When a court is satisfied, on the basis of the petition, the answer or motion, and the record, that the petitioner is not entitled to post-conviction relief and no purpose would be served by any further proceedings, it may indicate to the parties its intention to dismiss the petition and its reason for so doing. The petitioner shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the petition dismissed or grant leave to file an amended petition or direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if there exists a material issue of fact.
SDCL 23-52-10.2 (1971) provided:
The court may grant a motion by either party for summary disposition of the petition when it appears from the pleadings, any depositions, answers to interrogatories, and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law, or when it appears that the issues raised have been adjudicated.
In 1983, the entire Uniform Post-Conviction Procedure Act, including summary disposition sections set out above, was repealed. 1983 S.D. Sess. Laws ch. 169, § 15. Also, in 1983, some of the repealed Post-Conviction Act statutes were then added to the habeas corpus section. See, e.g., SDCL 23A-34-15 (1983) moved to habeas corpus section SDCL 21-27-16.1 via 1983 S.D. Sess.Law ch. 169, § 13; SDCL 23A-34-20 (1983) moved to habeas corpus section SDCL 21-27-18.1 via 1983 S.D.Sess.Laws ch. 169, § 14. Notable, is the legislature’s decision not to include summary disposition statutes existing under the Uniform Post-Conviction Procedure Act within the revamped habeas corpus section. See SDCL ch. 21-27.