§ 9-14-22. Appeals; Speedy Hearing; Transmittal of Remittitur
Appeals in habeas corpus cases shall be governed, in all respects where applicable, by the laws in reference to appeals in other cases regarding the practice in the lower courts and in the Supreme Court relating to the time and manner of signing, filing, serving, transmitting, and hearing. It shall be the duty of the […]
§ 9-14-23. Attachment for Contempt for Disobedience of Writ
Any person disregarding the writ of habeas corpus in any manner whatever shall be liable to attachment for contempt, issued by the judge granting the writ, under which attachment the person may be imprisoned until he complies with the legal requirements of the writ. History. Orig. Code 1863, § 3923; Code 1868, § 3946; Code […]
§ 9-14-40. Legislative Intent
The General Assembly finds that: Expansion of the scope of habeas corpus in federal court by decisions of the United States Supreme Court together with other decisions of the court substantially curtailing the doctrine of waiver of constitutional rights by an accused and limiting the requirement of exhaustion of state remedies to those currently available […]
§ 9-14-41. Article as Exclusive Procedure
Notwithstanding the other provisions of this chapter, this article provides the exclusive procedure for seeking a writ of habeas corpus for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court of record. History. Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3.
§ 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 […]
§ 9-14-42. Grounds for Writ; Waiver of Objection to Jury Composition
Any person imprisoned by virtue of a sentence imposed by a state court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of this state may institute a proceeding under this article. The right to […]
§ 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, § […]
§ 9-14-43. Jurisdiction and Venue
A petition brought under this article must be filed in the superior court of the county in which the petitioner is being detained. The superior courts of such counties shall have exclusive jurisdiction of habeas corpus actions arising under this article. If the petitioner is not in custody or is being detained under the authority […]
§ 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 […]
§ 9-14-44. Petition — Contents and Verification
A petition brought under this article shall identify the proceeding in which the petitioner was convicted, give the date of rendition of the final judgment complained of, clearly set forth the respects in which the petitioner’s rights were violated, and state with specificity which claims were raised at trial or on direct appeal, providing appropriate […]