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2018 Georgia Code 42-12-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 42-12-1 Case Law from Google Scholar Amendments to OCGA 42-12-1

TITLE 42 PENAL INSTITUTIONS

Section 12. Prison Litigation Reform, 42-12-1 through 42-12-9.

ARTICLE 5 FEES

42-12-1. Short title.

This chapter shall be known and may be cited as the "Prison Litigation Reform Act of 1996."

(Code 1981, §42-12-1, enacted by Ga. L. 1996, p. 400, § 1.)

Law reviews.

- For review of 1996 prison litigation reform legislation, see 13 Ga. U. L. Rev. 280 (1996).

JUDICIAL DECISIONS

Previously dismissed federal lawsuits not counted under three strikes provision.

- Trial court erred in ruling that an inmate's previously dismissed federal lawsuits counted as strikes under the three strikes provision of the Georgia Prison Litigation Reform Act, O.C.G.A. § 42-12-7.2, because lawsuits in federal district court did not qualify as strikes under the statute since the statute unambiguously included only courts created by the constitution and laws of Georgia. Wright v. Brown, 336 Ga. App. 1, 783 S.E.2d 405 (2016).

Blanket declaration forbidden.

- Constitution forbids courts to abridge inmates' rights to have meaningful access to and communications with the courts, and a blanket declaration that all filings would be "null and void by operation of law" was impermissible. Hooper v. Harris, 236 Ga. App. 651, 512 S.E.2d 312 (1999).

Failure to conduct hearing on prisoner's pauper's affidavit error.

- Trial court erred by failing to conduct a hearing on a prisoner's claim of indigence as the plain language of O.C.G.A. § 9-15-2(b) required a hearing before the court could order costs to be paid and there was nothing in the statute that allowed the court, on the court's own, to inquire into the truth of a pauper's affidavit to order the payment of court costs without a hearing. Lee v. Batchelor, 345 Ga. App. 559, 814 S.E.2d 416 (2018).

Cited in In the Interest of B.A.S., 254 Ga. App. 430, 563 S.E.2d 141 (2002); Heard v. Ashcroft, F. Supp. 2d (S.D. Ga. June 6, 2003); Owens v. Hill, 295 Ga. 302, 758 S.E.2d 794 (2014).

RESEARCH REFERENCES

ALR.

- Attorney's fees awards under § 803(d) of Prison Litigation Reform Act (42 U.S.C.A § 1997e(d)), 165 A.L.R. Fed. 551.

Validity, construction, and application of State Prison Litigation Reform Acts, 85 A.L.R.6th 229.

Cases Citing O.C.G.A. § 42-12-1

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Jones v. Townsend, 480 S.E.2d 24 (Ga. 1997).

Cited 190 times | Published | Supreme Court of Georgia | Feb 3, 1997 | 267 Ga. 489, 97 Fulton County D. Rep. 354

...When the trial court denied filing of the petition pursuant to OCGA § 9-15-2(d) [1] , Jones filed a direct appeal. See, e.g., Graham v. Ault, 266 Ga. 367, 466 S.E.2d 213 (1996). The disposition of this appeal is controlled by the Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et seq....
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Owens Et Al. v. Hill, 295 Ga. 302 (Ga. 2014).

Cited 34 times | Published | Supreme Court of Georgia | May 19, 2014 | 758 S.E.2d 794, 42 Media L. Rep. (BNA) 1863, 2014 Fulton County D. Rep. 1343

...However, under the Prisoner Litigation Reform Act, any appeal in a civil case that was initiated by a prisoner must come by discretionary application, regardless of which party is appealing. See Ray v. Barber, 273 Ga. 856, 856-857 (1) (548 SE2d 283) (2001) (applying OCGA § 42-12-1 et seq.). 5 production of a sample of the actual compounded pentobarbital to be used in his execution? (4) Did the Superior Court of Fulton County err by granting a st...
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Murphy v. Murphy, 295 Ga. 376 (Ga. 2014).

Cited 33 times | Published | Supreme Court of Georgia | Jun 30, 2014 | 761 S.E.2d 53

...gs, proceedings, and judgments that arise from prior occurrences. For example, in Day v. Stokes, 268 Ga. 494 (491 SE2d 365) (1997), this 4 Court applied the Prisoner Litigation Reform Act of 1996, OCGA § 42-12-1 et seq., specifically OCGA § 42-12-8, which requires that appeals in all prisoner suits proceed by application for discretionary appeal pursuant to OCGA § 5-6-35....
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Smith v. Nichols, 512 S.E.2d 279 (Ga. 1999).

Cited 20 times | Published | Supreme Court of Georgia | Feb 22, 1999 | 270 Ga. 550, 99 Fulton County D. Rep. 745

...[Cits.]." Stephenson v. Futch, 213 Ga. 247(1), 98 S.E.2d 374 (1957). Appellant's status as a prisoner raises the possibility that OCGA § 42-12-8, the statute which sets forth appellate procedural requirements under the Prison Litigation Reform Act, OCGA § 42-12-1 et seq....
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Harris v. State, 278 Ga. 805 (Ga. 2004).

Cited 9 times | Published | Supreme Court of Georgia | Nov 22, 2004 | 606 S.E.2d 248, 2004 Fulton County D. Rep. 3771

...550, 551 (512 SE2d 279) (1999), quoting Stephenson v. Futch, 213 Ga. 247 (1) (98 SE2d 374) (1957). The fact that Harris is a prisoner invokes OCGA § 42-12-8, the statute which sets forth appellate procedural requirements under the Prison Litigation Reform Act, OCGA § 42-12-1 et seq....
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Day v. Stokes, 268 Ga. 494 (Ga. 1997).

Cited 7 times | Published | Supreme Court of Georgia | Oct 14, 1997 | 491 S.E.2d 365, 97 Fulton County D. Rep. 3754

...riam. When Day filed the civil suit involved here in the trial court on June 19, 1995, he was in prison. The final order was filed on February 14, 1997, and the notice of appeal was filed March 7, 1997. The Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et seq., has an effective date of April 2,1996....
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Griffin v. Keller, 278 Ga. 878 (Ga. 2005).

Cited 1 times | Published | Supreme Court of Georgia | Jan 24, 2005 | 608 S.E.2d 221, 2005 Fulton County D. Rep. 216

...ated to his sentence. Inasmuch as Griffin is a prisoner, his appeal from the mandamus ruling is subject to the provisions of OCGA § 42-12-8, the statute which sets forth appellate procedural requirements under the Prison Litigation Reform Act, OCGA § 42-12-1 et seq....

Murphy v. Murphy (Ga. 2014).

Published | Supreme Court of Georgia | Jun 30, 2014 | 608 S.E.2d 221, 2005 Fulton County D. Rep. 216

...that the procedural change affects future court filings, proceedings, and judgments that arise from prior occurrences. For example, in Day v. Stokes, 268 Ga. 494 (491 SE2d 365) (1997), this Court applied the Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et 4 seq., specifically OCGA § 42-12-8, which requires that appeals in all prisoner suits proceed by application for discretionary appeal pursuant to OCGA § 5-6-35....