O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
As used in this chapter, the term: (1) “Action” means any civil lawsuit, action, or proceeding, including an appeal, filed by a prisoner but shall not include an appeal of a criminal proceeding; provided, however, that the provisions of Code Sections 42-12-4 through 42-12-7 shall not apply to petitions for writ of habeas corpus. (2) “Court costs and fees” means the initial filing fee set by the clerk of court and all fees incident to service of the lawsuit or amendments. (3) “Indigent prisoner” means a prisoner who has insufficient funds in the prisoner’s inmate account at the time of filing to pay the appropriate filing fee. (4) “Prisoner” means a person 17 years of age or older who has been convicted of a crime and is presently incarcerated or is being held in custody awaiting trial or sentencing.
History
Code 1981, § 42-12-3, enacted by Ga. L. 1996, p. 400, § 1; Ga. L. 1999, p. 847, § 1.
Annotations
Code Commission notes. Pursuant to Code Section 28-9-5, in 1996, a comma was deleted following
“prisoner” in the introductory language of paragraph (1). Law reviews. For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 219 (1999).
RESEARCH REFERENCES ALR. Validity, construction, and application
of State Prison Litigation Reform Acts, 85 A.L.R.6th 229.
Notes of Decisions
Cited in
19
cases (
1 in the last 5 years), 1996–2026 · leading case:
Brown v. Crawford, 715 S.E.2d 132 (Ga. 2011).
Brown v. Crawford, 715 S.E.2d 132 (Ga. 2011).
· cites it 16× “Subsequently, recognizing that Freeman and Crawford both qualify as prisoners pursuant to OCGA § 42-12-3 (4), this Court ordered that the two above-styled cases be consolidated for purposes *723 of appeal and requested that the parties address the issue of whether the holding in…”
In the Interest of K. W., 503 S.E.2d 394 (Ga. Ct. App. 1998).
· cites it 6× “) 1 This section defines the term “action” as used anywhere in the Act to mean any appeal filed by a prisoner.”
Jones v. Townsend, 480 S.E.2d 24 (Ga. 1997).
· cites it 2× “…deposits into the account. 3 The Act specifically excludes from its scope criminal appeals and habeas corpus actions. OCGA § 42-12-3 (1).”
Coles v. State, 477 S.E.2d 897 (Ga. Ct. App. 1996).
· cites it 4× “OCGA § 42-12-3 (4). Henceforth, if no petition for habeas corpus is pending at the time an indigent prisoner makes any application for a transcript of his trial for purposes of collateral attack upon his conviction or sentence, that application will be treated as a separate…”
Smith v. Nichols, 512 S.E.2d 279 (Ga. 1999).
· cites it 4× “” OCGA § 42-12-3 (4). On January 28, appellant was released on bond pending trial on the cocaine charges, so he is currently being held in custody in lieu of bond only on the probation violation warrant.”
Serpentfoot v. Salmon, 483 S.E.2d 927 (Ga. Ct. App. 1997).
· cites it 2× “Held: The Prison Litigation Reform Act of 1996 provides that “[ajppeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35.”
Moulder v. Reilly, 487 S.E.2d 142 (Ga. Ct. App. 1997).
· cites it 2× “OCGA § 42-12-3 (1). The Act provides that “[a]ppeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35,” that is, by application requesting a discretionary appeal.”
Roberts v. The State., 810 S.E.2d 308 (Ga. Ct. App. 2018).
· cites it 4× “See OCGA § 42-12-3 (1) ; Brown v. Crawford , 289 Ga.”
Chambers v. Abellana, 515 S.E.2d 884 (Ga. Ct. App. 1999).
· cites it 2× “See OCGA § 42-12-3 (4). Since appellant Chambers has not followed the discretionary appeal procedure provided in OCGA § 5-6-35, we have no jurisdiction to consider this appeal.”
James Jones v. Theodore Jackson, Sheriff (Ga. Ct. App. 2017).
· cites it 2× “…Reform Act includes a person 17 years of age or older who “is being held in custody awaiting trial or sentencing.” OCGA § 42-12-3 (4).”
— 42-12-3(1) — 3 cases
Brown v. Crawford, 715 S.E.2d 132 (Ga. 2011).
“Subsequently, recognizing that Freeman and Crawford both qualify as prisoners pursuant to OCGA § 42-12-3 (4), this Court ordered that the two above-styled cases be consolidated for purposes *723 of appeal and requested that the parties address the issue of whether the holding in…”
In the Interest of K. W., 503 S.E.2d 394 (Ga. Ct. App. 1998).
“) 1 This section defines the term “action” as used anywhere in the Act to mean any appeal filed by a prisoner.”
— 42-12-3(4) — 2 cases
Brown v. Crawford, 715 S.E.2d 132 (Ga. 2011).
“Subsequently, recognizing that Freeman and Crawford both qualify as prisoners pursuant to OCGA § 42-12-3 (4), this Court ordered that the two above-styled cases be consolidated for purposes *723 of appeal and requested that the parties address the issue of whether the holding in…”
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