§ 9-14-10. Respondent’s Return to Writ — When and Where Made
The return of the party served with the writ shall be made at the time and place specified by the court. Two days from the time of service shall be allowed for every 20 miles which the party has to travel from the place of detention to the place appointed for the hearing. If service […]
§ 9-14-11. Respondent’s Return to Writ — Verification; Production of Person Detained
Every return to a writ of habeas corpus shall be under oath. If the custody or detention of the party on whose behalf the writ issues is admitted, his body shall be produced unless prevented by providential cause or prohibited by law. History. Orig. Code 1863, § 3918; Code 1868, § 3942; Code 1873, § […]
§ 9-14-12. Respondent’s Return to Writ — Statement of Transfer of Custody; Procedure When Transfer Made to Avoid Writ
If the return denies the custody or detention of the person in question, it shall further state distinctly the latest date, if ever, at which custody was had and when and to whom custody was transferred. If it appears that a transfer of custody was made to avoid the writ of habeas corpus, the party […]
§ 9-14-13. Production of Legal Process
In every case in which detention is justified under legal process, the legal process shall be produced and submitted to the judge at the hearing of the return. History. Orig. Code 1863, § 3919; Code 1868, § 3943; Code 1873, § 4019; Code 1882, § 4019; Penal Code 1895, § 1220; Penal Code 1910, § […]
§ 9-14-14. Hearing of Issue
If the return denies any of the material facts stated in the petition or alleges other facts upon which issue is taken, the judge hearing the return may in a summary manner hear testimony as to the issue. To that end, he may compel the attendance of witnesses and the production of papers, may adjourn […]
§ 9-14-15. To Whom Notice of Hearing Given
If the person who is the subject of a petition for the writ of habeas corpus is detained upon a criminal charge and the district attorney is in the county, he shall be notified of the hearing. If he is not, the notice shall be given to the prosecutor of the criminal charge. History. Ga. […]
§ 9-14-16. When Person Not to Be Discharged
No person shall be discharged upon the hearing of a writ of habeas corpus in the following cases: When he is imprisoned under lawful process issued from a court of competent jurisdiction unless his case is one in which bail is allowed and proper bail is tendered; By reason of any irregularity in the warrant […]
§ 9-14-17. Discharge for Defect in Affidavit, Warrant, or Commitment
If the person in question is detained upon a criminal charge and it appears to the court that there is probable cause for his detention, he shall not be discharged for any defect in the affidavit, warrant, or commitment until a reasonable time has been given to the prosecutor to remedy the defect by a […]
§ 9-14-18. Discharge After Arrest for Offense Committed in Another State
If a person is arrested on suspicion of the commission of an offense in another state and the suspicion is reasonable, the person shall not be discharged until a sufficient time has been given for a demand to be made on the Governor for his rendition. History. Orig. Code 1863, § 3926; Code 1868, § […]
§ 9-14-19. Powers of Court in Cases Not Covered by Code Sections 9-14-16 Through 9-14-18
In cases other than those specified in Code Sections 9-14-16, 9-14-17, and 9-14-18, the judge hearing the return shall discharge, remand, or admit the person in question to bail or shall deliver him to the custody of the officer or person entitled thereto, as the principles of law and justice may require. History. Orig. Code […]