Kearse v. Paulk, 448 S.E.2d 369 (Ga. 1994). · Go Syfert
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Kearse v. Paulk, 448 S.E.2d 369 (Ga. 1994). Cases Citing This Book View Copy Cite
17 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Perera v. Miller, 662 S.E.2d 544 (Ga. 2008)
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264 Ga. at 510 leged only that his counsel’s current representation pending trial has not been effective. Decided October 3, 1994. James Kearse, pro se. H. Lamar Cole,…2 citing casesopening of page *510 (no citing court says what it cites this page for)
  • Britt v. Conway, 637 S.E.2d 43 (Ga. 2006).published
    Kearse v. Paulk, 264 Ga. 509, 510 ( 448 SE2d 369 ) (1994).
  • Phillips v. Jackson, Judge, 877 S.E.2d 185 (Ga. 2022).published 4 cites
    See Kearse v. Paulk, 264 Ga. 509, 510 (448 SE2d 369) (1994).
264 Ga. at 509 Carley, Justice. After appellant had been indicted for several offenses, but prior to his trial, he filed a pro se petition for habeas corpus. The habeas court…1 citing caseopening of page *509 (no citing court says what it cites this page for)
  • Perera v. Miller, 662 S.E.2d 544 (Ga. 2008).published
    Lawrence, 281 Ga. 671 ( 641 SE2d 541 ) (2007); Kearse v. Paulk, 264 Ga. 509, 509-510 ( 448 SE2d 369 ) (1994). 2 See Mungin, 281 Ga. 671 (where habeas court is able to determine from face of the petition that it is without merit, it may dis…
Other citing cases1 with no pin cite or quoted language on record
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Kearse
v.
Paulk
S94A0965.
Supreme Court of Georgia.
Oct 3, 1994.
Published opinion
448 S.E.2d 369
1994 Ga. LEXIS 806
James Kearse, pro se., H. Lamar Cole, District Attorney, J. David Miller, Bradford M. Shealy, Assistant District Attorneys, for appellee.
Carley.
Cited by 7 opinions  |  Published
Carley, Justice.

After appellant had been indicted for several offenses, but prior to his trial, he filed a pro se petition for habeas corpus. The habeas court dismissed appellant’s petition and he appeals.

“ ‘A writ of habeas corpus looks only to the lawfulness of the present confinement. It does not deal with the lawfulness of a possible future imprisonment. . . . [Cit.]’ [Cits.]” Mullennix v. Balkcom, 213 Ga. 490 (99 SE2d 832) (1957), overruled on other grounds, Hollis v. Allen, 235 Ga. 211 (219 SE2d 108) (1975). In his pro se petition, appellant did not purport to state a claim for habeas corpus relief based upon the asserted illegality of his current pre-trial detention, but al[*510] leged only that his counsel’s current representation pending trial has not been effective.

Decided October 3, 1994. James Kearse, pro se. H. Lamar Cole, District Attorney, J. David Miller, Bradford M. Shealy, Assistant District Attorneys, for appellee.
Detention by arrest under a bench warrant based on an indictment regular upon its face ([cit.]) is not illegal; and consequently the writ of habeas corpus is not available for discharge of one so arrested. [Cits.]

Harris v. Whittle, 190 Ga. 850 (1) (10 SE2d 926) (1940).

“Where the proceedings under which the petitioner is detained are still pending undisposed of, and the ordinary established procedure is still available to him, the orderly procedure by trial and appeal should not be interfered with by a writ of habeas corpus [cits.], there being another adequate remedy [cits.], and no necessity for issuance of this high extraordinary writ [cit.].”

Jackson v. Lowry, 170 Ga. 755, 756-757 (154 SE 228) (1930).

It follows that the habeas court correctly dismissed appellant’s petition for pre-trial habeas corpus relief.

Judgment affirmed.

All the Justices concur.