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2018 Georgia Code 9-14-15 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-14-15 Case Law from Google Scholar Amendments to OCGA 9-14-15

TITLE 9 CIVIL PRACTICE

Section 14. Habeas Corpus, 9-14-1 through 9-14-53.

ARTICLE 1 GENERAL PROVISIONS

9-14-15. To whom notice of hearing given.

If 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.)

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 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).

RESEARCH REFERENCES

C.J.S.

- 39A C.J.S., Habeas Corpus, § 275.

Cases Citing O.C.G.A. § 9-14-15

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Bryant v. State, 30 S.E.2d 259 (Ga. 1944).

Cited 49 times | Published | Supreme Court of Georgia | Apr 6, 1944 | 197 Ga. 641

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Bruce v. Smith, 553 S.E.2d 808 (Ga. 2001).

Cited 22 times | Published | Supreme Court of Georgia | Oct 5, 2001 | 274 Ga. 432, 2001 Fulton County D. Rep. 3005

...Bruce appeals from the habeas court's dismissal of this second petition. NO PROCEDURAL BAR TO CLAIM 1. When considering a successive petition under Georgia law, the habeas court must first determine whether the petitioner is entitled to a hearing on the merits of his claim. [4] OCGA § 9-14-15 provides that a petitioner must raise all grounds for relief in the first petition for habeas corpus, but an exception exists when the claim could not reasonably have been raised in the initial petition....
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Dukes v. State, 858 S.E.2d 510 (Ga. 2021).

Cited 14 times | Published | Supreme Court of Georgia | May 17, 2021 | 311 Ga. 561

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Abt v. Abt, 709 S.E.2d 806 (Ga. 2011).

Cited 7 times | Published | Supreme Court of Georgia | Apr 26, 2011 | 289 Ga. 166, 2011 Fulton County D. Rep. 1332

...Our review of the record *808 demonstrates the trial court did not abuse its discretion by finding that wife's actions unnecessarily expanded the litigation or caused delay, and therefore, the court did not err by awarding attorney fees under OCGA § 9-14-15(b)....
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Abt v. Abt, 289 Ga. 166 (Ga. 2011).

Cited 1 times | Published | Supreme Court of Georgia | Apr 26, 2011 | 709 S.E.2d 806

...ion. Our review of the record demonstrates the trial court did not abuse its discretion by finding that wife’s actions unnecessarily expanded the litigation or caused delay, and therefore, the court did not err by awarding attorney fees under OCGA § 9-14-15 (b)....