O.C.G.A. § 9-14-11 (2019)

Annotations

JUDICIAL DECISIONS Editor’s notes. - Article 2 of this chapter now provides the exclusive procedure for seeking a writ of habeas corpus for persons whose liberty is being restrained by virtue of sentence of a state court of record, expanding the scope of habeas in such cases. See O.C.G.A. §§ 9-14-40 and 9-14-41. Person detained must be produced with return. - No response will satisfy the writ unless accompanied by the body of the person held in custody, or unless a satisfactory reason for the person’s nonproduction is given; if nothing to the contrary appears, it will be presumed on review that the person claimed to have been illegally restrained was before the court at that time. Simmons v. Georgia Iron & Coal Co., 117 Ga. 305, 43 S.E. 780, 61 L.R.A. 739 (1903). Amendment to return making mere legal conclusions need not be verified. - It is not necessary that amend-

ment to return, containing mere formal averments of legal conclusions upon the facts stated in the return, should be under oath. Wright v. Davis, 120 Ga. 670, 48 S.E. 170 (1904). Verification by one other than respondent held not ground for discharge. - Under this section, when it appeared from the application itself, as well as from the return, that the applicant was held in custody by the jailer of the county under a sentence of a court, it was proper to refuse to discharge the applicant, on motion, merely because the return was verified by someone other than respondent. Plunkett v. Hamilton, 136 Ga. 72, 70 S.E. 781, 35 L.R.A. (n.s.) 583, 1972B Ann. Cas. 1259 (1911). There is no requirement that traverse to respondent’s answer state any facts or law. Beavers v. Smith, 227 Ga. 344, 180 S.E.2d 717 (1971). Cited in Harwell v. Gay, 186 Ga. 80, 196 S.E. 758 (1938).

RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, §§ 102, 112 et seq.

C.J.S. - 39A C.J.S., Habeas Corpus, § 310 et seq.