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2018 Georgia Code 9-14-41 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-14-41 Case Law from Google Scholar Amendments to OCGA 9-14-41

TITLE 9 CIVIL PRACTICE

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

ARTICLE 2 PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD

9-14-41. Article as exclusive procedure.

Notwithstanding the other provisions of this chapter, this article provides the exclusive procedure for seeking a writ of habeas corpus for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court of record.

(Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3.)

JUDICIAL DECISIONS

Appellate jurisdiction.

- Habeas corpus is the exclusive post-appeal procedure available to a criminal defendant who asserts the denial of a constitutional right. Therefore, the defendant's claim that the defendant's appellate counsel was ineffective in the defendant's initial appeal could not be heard by the appellate court as the court lacked original jurisdiction to consider whether appellate counsel was ineffective in the prior appeal. Mallon v. State, 266 Ga. App. 394, 597 S.E.2d 497 (2004).

Petition for writ of habeas corpus must be filed in the superior court of the county in which the petitioner is detained, and because at the time a defendant filed the amended extraordinary motion for a new trial alleging ineffective assistance of counsel the defendant was incarcerated in a different county from that in which the defendant was tried and filed the motion, that motion could not be treated as a petition for a writ of habeas corpus and the trial court was without authority to consider those contentions. Johnson v. State, 272 Ga. App. 294, 612 S.E.2d 29 (2005).

Exclusive means for seeking review of life sentences, after review by the sentence review panel and after direct appeal, is through a petition for a writ of habeas corpus under the procedures set forth in O.C.G.A. § 9-14-40 et seq. Saleem v. Forrester, 262 Ga. 693, 424 S.E.2d 623, cert. denied, 507 U.S. 1054, 113 S. Ct. 1952, 123 L. Ed. 2d 656 (1993).

Article liberally applied.

- Petition for writ of habeas corpus should not be dismissed for failure to comply with the technical requirements of O.C.G.A. Art. 2, Ch. 14, T. 9; only when the habeas court is able to determine from the face of the petition that it is without merit is it appropriate to dismiss the petition without a hearing. Mitchell v. Forrester, 247 Ga. 622, 278 S.E.2d 368 (1981).

Parolees as applicants.

- Mention of applicants as "persons whose liberty is being restrained by virtue of a sentence" clearly seems to include parolees. Fox v. Dutton, 406 F.2d 123 (5th Cir. 1968), cert. denied, 395 U.S. 916, 89 S. Ct. 1764, 23 L. Ed. 2d 229 (1969).

Cited in Patterson v. Earp, 257 Ga. 729, 363 S.E.2d 248 (1988); Derrer v. Anthony, 265 Ga. 892, 463 S.E.2d 690 (1995).

RESEARCH REFERENCES

ALR.

- Statutory remedy as exclusive of remedy by habeas corpus otherwise available, 73 A.L.R. 567.

Cases Citing Georgia Code 9-14-41 From Courtlistener.com

Total Results: 19

PHILLIPS v. JACKSON, JUDGE

Court: Supreme Court of Georgia | Date Filed: 2022-08-09

Snippet: against them by a state court of record.” OCGA § 9-14-41. Phillips cannot pursue relief under this article

Polanco v. State

Court: Supreme Court of Georgia | Date Filed: 2022-04-19

Snippet: proceedings that resulted in his conviction. See OCGA § 9-14-41 et seq. Appellant should be aware of the possible

Rouzan v. State

Court: Supreme Court of Georgia | Date Filed: 2022-04-19

Snippet: proceedings that resulted in his conviction. See OCGA § 9-14-41 et seq. Rouzan should be aware of the possible

Cook v. State

Court: Supreme Court of Georgia | Date Filed: 2022-03-15

Snippet: against them by a state court of record.” OCGA § 9-14-41. OCGA § 9-14-42 (a) further specifies that any

Schoicket v. State

Court: Supreme Court of Georgia | Date Filed: 2021-11-02

Snippet: state doctrine of waiver of rights be modified.”); 9-14-41 (“Notwithstanding the other provisions of this

Edwards v. State

Court: Supreme Court of Georgia | Date Filed: 2011-01-14

Citation: 707 S.E.2d 335, 288 Ga. 459

Snippet: against them by a state court of record," OCGA § 9-14-41, it is statutorily mandated that "[a]ll trials

Thomas v. Freeman

Court: Supreme Court of Georgia | Date Filed: 2010-05-03

Citation: 695 S.E.2d 22, 287 Ga. 136, 2010 Fulton County D. Rep. 1535, 2010 Ga. LEXIS 367

Snippet: was premature under the requirements of OCGA § 9-14-41 et seq. These "Article 2" habeas statutes, however

Nix v. Watts

Court: Supreme Court of Georgia | Date Filed: 2008-06-02

Citation: 664 S.E.2d 194, 284 Ga. 100, 2008 Fulton County D. Rep. 1842, 2008 Ga. LEXIS 446

Snippet: against [him] by a state court of record." OCGA § 9-14-41. Under OCGA § 9-14-43, [a] petition brought under

Moore v. State

Court: Supreme Court of Georgia | Date Filed: 2003-06-30

Citation: 276 Ga. 711, 583 S.E.2d 25, 2003 Fulton County D. Rep. 2026, 2003 Ga. LEXIS 588

Snippet: asserts the denial of a constitutional right. OCGA § 9-14-41; Saleem v. Forrester, 262 Ga. 693, 694 (424 SE2d

State v. Smith

Court: Supreme Court of Georgia | Date Filed: 2002-11-25

Citation: 573 S.E.2d 64, 276 Ga. 14, 2002 Fulton County D. Rep. 3573, 2002 Ga. LEXIS 1069

Snippet: asserts the denial of a constitutional right. OCGA § 9-14-41; Saleem v. Forrester, 262 Ga. 693, 694, 424 S.E

Capote v. Ray

Court: Supreme Court of Georgia | Date Filed: 2002-11-15

Citation: 577 S.E.2d 755, 276 Ga. 1, 573 S.E.2d 25, 2002 Fulton County D. Rep. 3412, 2002 Ga. LEXIS 1033

Snippet: against [him] by a state court of record.” OCGA § 9-14-41. The United States Attorney, on behalf of the Warden

O'DONNELL v. Durham

Court: Supreme Court of Georgia | Date Filed: 2002-11-12

Citation: 573 S.E.2d 23, 275 Ga. 860

Snippet: is set forth in OCGA § 9-14-40 et seq. OCGA § 9-14-41. Thus, in all matters dealing with the appeal of

State v. Colack

Court: Supreme Court of Georgia | Date Filed: 2001-01-22

Citation: 541 S.E.2d 374, 273 Ga. 361

Snippet: that specified by OCGA § 9-14-40 et seq. OCGA § 9-14-41. Thus, it was incumbent upon the habeas court to

Lillard v. Head

Court: Supreme Court of Georgia | Date Filed: 1996-10-15

Citation: 476 S.E.2d 736, 267 Ga. 291, 96 Fulton County D. Rep. 3626, 1996 Ga. LEXIS 883

Snippet: can seek and obtain habeas corpus relief. OCGA § 9-14-41. It is clear that, in order for him to obtain habeas

Derrer v. Anthony

Court: Supreme Court of Georgia | Date Filed: 1995-11-20

Citation: 463 S.E.2d 690, 265 Ga. 892

Snippet: against them by a state court of record. OCGA § 9-14-41. OCGA § 9-14-42(a) limits those who may institute

Saleem v. Forrester

Court: Supreme Court of Georgia | Date Filed: 1993-01-08

Citation: 424 S.E.2d 623, 262 Ga. 693, 93 Fulton County D. Rep. 161, 1993 Ga. LEXIS 53

Snippet: against them by a state court of record," OCGA § 9-14-41, the exclusive means for seeking review of that

Giles v. Ford

Court: Supreme Court of Georgia | Date Filed: 1988-05-26

Citation: 368 S.E.2d 318, 258 Ga. 245, 1988 Ga. LEXIS 222

Snippet: not apply to habeas petitions, because OCGA § 9-14-41 et seq ". . . provides the exclusive procedure

Patterson v. Earp

Court: Supreme Court of Georgia | Date Filed: 1988-01-06

Citation: 363 S.E.2d 248, 257 Ga. 729, 1988 Ga. LEXIS 4

Snippet: challenge the restraint by habeas corpus. OCGA § 9-14-41. Because the requirement for an application appears

Horton v. Wilkes

Court: Supreme Court of Georgia | Date Filed: 1983-04-27

Citation: 250 Ga. 902, 302 S.E.2d 94, 1983 Ga. LEXIS 676

Snippet: by state courts of record. That act, now OCGA § 9-14-41 et seq. (Code Ann. § 50-127), provides the “exclusive