§ 9-14-45. Petition — Service
Service of a petition brought under this article shall be made upon the person having custody of the petitioner. If the petitioner is being detained under the custody of the Department of Corrections, an additional copy of the petition shall be served on the Attorney General. If the petitioner is being detained under the custody […]
§ 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 […]
§ 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. […]
§ 9-14-21. Costs of Proceedings
The judge hearing the return to a writ of habeas corpus may in his discretion award the costs of the proceeding against either party and may order execution to issue therefor by the clerk. History. Orig. Code 1863, § 3929; Code 1868, § 3952; Code 1873, § 4028; Code 1882, § 4028; Penal Code 1895, […]
§ 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 […]