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Call Now: 904-383-7448If 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.
(Ga. L. 1851-52, p. 236, § 1; Code 1863, § 3931; Code 1868, § 3954; Code 1873, § 4030; Code 1882, § 4030; Penal Code 1895, § 1233; Penal Code 1910, § 1314; Code 1933, § 50-120.)
- 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 and9-14-41.
Compliance with this section is not jurisdictional, and failure to raise objection of lack of notice until after judgment amounts to waiver. Pridgen v. James, 168 Ga. 770, 149 S.E. 48 (1929).
Cited in Bruce v. Smith, 274 Ga. 432, 553 S.E.2d 808 (2001).
- 39A C.J.S., Habeas Corpus, § 275.
Total Results: 5
Court: Supreme Court of Georgia | Date Filed: 2021-05-17
Snippet: As weapons charges (Counts 9, 14, 15, and 16). The trial court directed a verdict of
Court: Supreme Court of Georgia | Date Filed: 2011-04-26
Citation: 289 Ga. 166, 709 S.E.2d 806
Snippet: not err by awarding attorney fees under OCGA § 9-14-15 (b). See Taylor v. Taylor, 282 Ga. 113, 115 (646
Court: Supreme Court of Georgia | Date Filed: 2011-04-26
Citation: 709 S.E.2d 806, 289 Ga. 166, 2011 Fulton County D. Rep. 1332, 2011 Ga. LEXIS 307
Snippet: not err by awarding attorney fees under OCGA § 9-14-15(b). See Taylor v. Taylor, 282 Ga. 113, 115, 646
Court: Supreme Court of Georgia | Date Filed: 2001-10-05
Citation: 553 S.E.2d 808, 274 Ga. 432, 2001 Fulton County D. Rep. 3005, 2001 Ga. LEXIS 784
Snippet: a hearing on the merits of his claim.4 OCGA § 9-14-15 provides that a petitioner must raise all grounds
Court: Supreme Court of Georgia | Date Filed: 1944-04-06
Citation: 30 S.E.2d 259, 197 Ga. 641, 1944 Ga. LEXIS 314
Snippet: for new trial, numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 14, 15, 16, 17, and 18, each relating to the evidence