§ 9-14-51. Effect of Failure to Raise Grounds for Relief in Original or Amended Petition
All grounds for relief claimed by a petitioner for a writ of habeas corpus shall be raised by a petitioner in his original or amended petition. Any grounds not so raised are waived unless the Constitution of the United States or of this state otherwise requires or unless any judge to whom the petition is […]
§ 9-14-52. Appeal Procedure; Application to Supreme Court by Petitioner for Certificate of Probable Cause; Effect of Appeal by Respondent
Appeals in habeas corpus cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to final orders of the court which are adverse to the petitioner no appeal shall be allowed unless the Supreme Court of this state issues a certificate of probable cause for the appeal. If […]
§ 9-14-53. Reimbursement to Counties for Habeas Corpus Costs
Each county of this state shall be reimbursed from state funds for court costs both at the trial level and in any appellate court for each writ of habeas corpus sought in the superior court of the county by indigent petitioners when the granting of the writ is denied or when the court costs are […]
§ 9-14-46. Custody and Production of Petitioner
Custody and control of the petitioner shall be retained by the Department of Corrections or other authority having custody of the petitioner. It shall be the duty of the department or authority to produce the petitioner at such times and places as the court may direct. History. Code 1933, § 50-127, enacted by Ga. L. […]
§ 9-14-47. Time for Answer and Hearing
Except as otherwise provided in Code Section 9-14-47.1 with respect to petitions challenging for the first time state court proceedings resulting in a sentence of death, within 20 days after the filing and docketing of a petition under this article or within such further time as the court may set, the respondent shall answer or […]
§ 9-14-47.1. Petitions Challenging for the First Time State Court Proceedings Resulting in a Death Sentence
In petitions filed under this article challenging for the first time state court proceedings resulting in a death sentence, the provisions of this article shall apply except as specifically provided otherwise in this Code section. Within ten days of the filing of a petition challenging for the first time state court proceedings resulting in a […]
§ 9-14-48. Hearing; Evidence; Depositions; Affidavits; Determination of Compliance With Procedural Rules; Disposition
The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence. No other forms of discovery shall be allowed except upon leave of court and a showing of exceptional circumstances. The taking of depositions or depositions upon written questions by either party shall be governed by Code Sections 9-11-26 through 9-11-32 and […]
§ 9-14-49. Findings of Fact and Conclusions of Law
After reviewing the pleadings and evidence offered at the trial of the case, the judge of the superior court hearing the case shall make written findings of fact and conclusions of law upon which the judgment is based. The findings of fact and conclusions of law shall be recorded as part of the record of […]
§ 9-14-50. Transcription of Proceedings
All trials held under this article shall be transcribed by a court reporter designated by the superior court hearing the case. History. Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3.
§ 9-14-20. Recordation of Proceedings by Clerk of Court; Fees
In all habeas corpus cases, the proceedings shall be returned to the clerk of the superior court of the county the judge of which heard the same or to the probate court if the case was heard by the judge of the probate court and shall be recorded by such officer as are other cases. […]