O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-14-15 (2019)

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

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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.
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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.

History

(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.)

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 2001–2022 · leading case: Bruce v. Smith, 553 S.E.2d 808 (Ga. 2001).
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Bruce v. Smith, 553 S.E.2d 808 (Ga. 2001). · cites it 4× “[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.”
Abt v. Abt, 709 S.E.2d 806 (Ga. 2011). · cites it 2× “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). See Taylor v.…”
Herrington v. State, 594 S.E.2d 682 (Ga. Ct. App. 2004). · cites it 2× “23 A second habeas petition is subject to dismissal as successive, OCGA § 9-14-15, and “[hjabeas corpus is the exclusive post-appeal procedure available to a criminal defendant who asserts the denial of a constitutional right.”
Robert H. McNair v. Richard \Richie\" Harold McNair", 805 S.E.2d 655 (Ga. Ct. App. 2017). · cites it 2× “11 Based on the language contained in the order awarding attorney fees, which tracked the language in OCGA § 9-14-15 (b), and the transcript of the evidentiary hearing, we conclude that the superior court awarded attorney fees under OCGA § 9-15-14 (b).”
Belcher v. Belcher., 816 S.E.2d 82 (Ga. Ct. App. 2018). · cites it 2× “15 See OCGA § 9-14-15 (a) (providing for award of attorney fees where a party "has asserted a claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a…”
Abt v. Abt, 709 S.E.2d 806 (Ga. 2011). · cites it 2× “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).”
Nugent v. A1 Am. Refrigeration, LLC., 816 S.E.2d 87 (Ga. Ct. App. 2018). · cites it 2× “Nugent argues that the trial court erred by failing to identify, as the basis for the award, the specific sanctionable conduct, show the breakdown of the amount of attorney fees that were attributable to the sanctioned conduct, and provide the applicable subsection of OCGA §…”
Rebecca W. McLaws v. Monica Drew, 843 S.E.2d 440 (Ga. Ct. App. 2020). · cites it 2× “For the reasons set forth above, we reverse the order of the trial court granting Monica Drew’s motion for attorney fees under OCGA § 9-14-15 (b). Judgment reversed. Gobeil and Pipkin, J.”
Kevin A. Brown v. Virginia Palhof (Ex'x of the Est. of Michael Scott Brown), No. A23D0114 (Ga. Ct. App. Nov. 30, 2022). · cites it 2× “Virginia then filed a motion to enforce the settlement, and she also sought an accounting of the business affairs of the Cattle Partnership and an award of attorney fees under OCGA § 9-14-15 (b). In December 2021, the trial court entered an order granting the motion to enforce…”
Luke Cunningham v. State, No. A13D0029 (Ga. Ct. App. Sept. 19, 2012). · cites it 2× “See OCGA § 9-14-15. this order in the record transmitted to the Court of Appeals.”
John W. Ledford v. Dennis L. Mobley, No. A13A0137 (Ga. Ct. App. May 16, 2013). · cites it 2× “Although this Court has found an award of attorney’s fees under 2 OCGA § 9-14-15 directly appealable, it has done so only in instances where, unlike in the instant case, the attorney’s fees were appealed along with other, directly appealable matters.”
9-14-15(b): 1 case
Abt v. Abt, 709 S.E.2d 806 (Ga. 2011). “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). See Taylor v.…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.