CopyCited 114 times | Published | Supreme Court of Georgia | Mar 15, 2022 | 313 Ga. 471
...Chapter 14 of Title 9, applies to convicted defendants and says that
“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.”
OCGA §
9-14-41....
...The closest the
statute gets is a provision that states that “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,” OCGA §
9-14-41 (emphasis added)....
CopyCited 25 times | Published | Supreme Court of Georgia | Nov 2, 2021 | 312 Ga. 825
...constitutional rights with a resultant deterioration of the federal system and
federal-state relations; and (3) To alleviate such problems, it is necessary that
the scope of state habeas corpus be expanded and the state doctrine of waiver
of rights be modified.”);
9-14-41 (“Notwithstanding the other provisions of this
chapter [Title 9, Article 1, general provisions for habeas corpus], this article
[Title 9, Article 2, procedure for person under sentence of a state court of
record] provides the exclusive proc...
CopyCited 24 times | Published | Supreme Court of Georgia | Nov 15, 2002 | 276 Ga. 1, 573 S.E.2d 25, 2002 Fulton County D. Rep. 3412
...ord." [30] In interpreting this provision, we have clearly held that one's liberty may be restrained by a prior, expired conviction used to enhance a current sentence, and that in such a situation, habeas corpus relief may be sought pursuant to OCGA §
9-14-41....
...urisdiction over the subject matter. Because Capote is in federal custody outside the State and his state sentence has expired, *762 his liberty is not "being restrained by virtue of a sentence imposed against [him] by a state court of record." OCGA §
9-14-41....
...OCGA §
9-14-52. Moreover, the question stated in our order broadly encompassed the procedure to be followed under the circumstances of this case, and subject matter jurisdiction is as much a procedural matter as is personal jurisdiction. In interpreting OCGA §
9-14-41, this Court has followed federal precedent....
...dy' as Maleng defines that term." Lowery v. McCaughtry, supra at 423. However, even if we do not retreat from Parris and its progeny at this time, but permit some direct attacks on expired convictions, we should refuse to extend the language of OCGA §
9-14-41 even farther....
...[29] The dissent's discussion of Lackawanna County District Attorney v. Coss,
532 U.S. 394,
121 S.Ct. 1567,
149 L.Ed.2d 608 (2001) is not on point, as that opinion concerns federal habeas corpus relief under 28 USC § 2254 for state court sentences enhanced by prior state convictions. [30] OCGA §
9-14-41....
CopyCited 23 times | Published | Supreme Court of Georgia | Nov 25, 2002 | 276 Ga. 14, 2002 Fulton County D. Rep. 3573
...Since, as a matter of law, that issue should have been raised earlier but was not, it cannot form the basis of an extraordinary motion for new trial. See Goodwin v. State, supra. Habeas corpus is the exclusive post-appeal procedure available to a criminal defendant who asserts the denial of a constitutional right. OCGA §
9-14-41; Saleem v....
CopyCited 21 times | Published | Supreme Court of Georgia | Nov 12, 2002 | 275 Ga. 860
...e OCGA §
15-6-9(1) generally authorizes the judges of those courts to hear habeas petitions. It is clear, however, that the "exclusive procedure for seeking a writ of habeas corpus" in cases such as this is set forth in OCGA §
9-14-40 et seq. OCGA §
9-14-41....
CopyCited 17 times | Published | Supreme Court of Georgia | Nov 20, 1995 | 265 Ga. 892
...Title 9, Chapter 14, Article II of the Official Code of Georgia Annotated affords 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. OCGA §
9-14-41....
...Consequently, the manner in which Anthony is being required to serve his sentence is not what the legislature contemplated in Article II, that is, as a "[person] whose liberty is being restrained by virtue of a sentence imposed against them by a state court of record." OCGA §
9-14-41....
CopyCited 15 times | Published | Supreme Court of Georgia | Oct 7, 2019
...of the United States or of this state may institute a proceeding under
this article.”). We previously stated that “[h]abeas corpus is the
exclusive post-appeal procedure available to a criminal defendant
who asserts the denial of a constitutional right. OCGA §
9-14-41.”
(Emphasis supplied.) State v....
CopyCited 15 times | Published | Supreme Court of Georgia | May 26, 1988 | 258 Ga. 245
...That section permits a trial court to deny the filing of a pro se in forma pauperis complaint after determining that on its face the pleading completely lacks justiciable law or fact. Giles maintains that this statute does not apply to habeas petitions, because OCGA §
9-14-41 et seq ". . . 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." OCGA §
9-14-41....
CopyCited 13 times | Published | Supreme Court of Georgia | Jan 8, 1993 | 262 Ga. 693, 93 Fulton County D. Rep. 161
...In addition, "[m]andamus is not an appropriate remedy to compel the undoing of acts already *694 done. ..." Speedway Grading,
258 Ga. at 695. Moreover, "for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court of record," OCGA §
9-14-41, the exclusive means for seeking review of that sentence, 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 OCGA §
9-14-40 et seq.; OCGA §
9-14-41....
CopyCited 12 times | Published | Supreme Court of Georgia | Jun 2, 2008 | 284 Ga. 100, 2008 Fulton County D. Rep. 1842
...Watts's habeas petition is governed by Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia, OCGA §
9-14-40 et seq., because he is a person "whose liberty is being restrained by virtue of a sentence imposed against [him] by a state court of record." OCGA §
9-14-41....
CopyCited 9 times | Published | Supreme Court of Georgia | Jan 6, 1988 | 257 Ga. 729
...whose liberty is being restrained by virtue of a sentence imposed against them by a state court of record. The Article provides the exclusive procedure for persons falling in the prescribed category to challenge the restraint by habeas corpus. OCGA §
9-14-41....
...There we held that the revocation of one's driver's license may place a significant restraint on his liberty within the meaning of OCGA §
9-14-1 (c). That subsection of Article I refers to liberty restrained as a result of a sentence imposed by any state court of record. We point out again that OCGA §
9-14-41 expressly mandates the procedures contained in Article II of Chapter 14 as being the exclusive procedures for persons whose liberty is being restrained by a sentence imposed against them by a state court of record....
CopyCited 5 times | Published | Supreme Court of Georgia | Oct 15, 1996 | 267 Ga. 291, 96 Fulton County D. Rep. 3626
...However, this case does not involve pre-trial habeas corpus. Instead, Lillard is being held pursuant to a sentence imposed by a state court of record. Accordingly, OCGA §
9-14-40 et seq. "provides the exclusive procedure" by which Lillard can seek and obtain habeas corpus relief. OCGA §
9-14-41....
...is would show only a violation of his state statutory right under OCGA §§
17-10-11,
17-10-12. Alleging and proving a violation of a state statutory right does not entitle a petitioner to habeas corpus relief under the "exclusive procedure" of OCGA
9-14-41....
...e to Lillard and thereby erroneously allows him to use a habeas corpus petition as the procedural vehicle to obtain his release prior to the date officially determined by the Department. This court should adhere to the limitation established by OCGA §
9-14-41, hold that Lillard's statutory non-constitutional claim is cognizable only in a mandamus or injunction action against the Commissioner of the Department, and deny a certificate of probable cause....
CopyCited 3 times | Published | Supreme Court of Georgia | Apr 19, 2022
...If appellant
believes that he was unconstitutionally deprived of his right to
appeal, he may be able to pursue relief for that claim through a
petition for habeas corpus, along with claims alleging deprivation of
his constitutional rights in the proceedings that resulted in his
conviction. See OCGA §
9-14-41 et seq....
CopyCited 3 times | Published | Supreme Court of Georgia | Jan 22, 2001 | 273 Ga. 361
...The habeas court granted the petition, and the majority affirms that order pursuant to this Court's Rule 59. Because I conclude that the habeas court erred, I dissent. The exclusive applicable habeas procedure is that specified by OCGA §
9-14-40 et seq. OCGA §
9-14-41....
CopyCited 2 times | Published | Supreme Court of Georgia | Aug 9, 2022 | 314 Ga. 347
... Georgia’s habeas corpus statute has two articles. The second
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.” OCGA §
9-14-41....
CopyCited 2 times | Published | Supreme Court of Georgia | Jan 14, 2011 | 288 Ga. 459
...oceedings that was originally transmitted to this Court on petitioner's second appeal. In a habeas corpus proceeding brought by persons "whose liberty is being restrained by virtue of a sentence imposed against them by a state court of record," OCGA §
9-14-41, it is statutorily mandated that "[a]ll trials ......
CopyCited 1 times | Published | Supreme Court of Georgia | Apr 19, 2022 | 313 Ga. 606
...If
Rouzan believes that he was unconstitutionally deprived of his right
to appeal, he may be able to pursue relief for that claim through a
petition for a writ of habeas corpus, along with any other claims
alleging deprivation of his constitutional rights in the proceedings
that resulted in his conviction. See OCGA §
9-14-41 et seq....
CopyCited 1 times | Published | Supreme Court of Georgia | May 3, 2010 | 287 Ga. 136, 2010 Fulton County D. Rep. 1535
...s pending prosecution for armed robbery, aggravated assault, and other crimes. The habeas court dismissed the habeas petition, ruling that, because Thomas's conviction was not yet final, his habeas action was premature under the requirements of OCGA §
9-14-41 et seq. These "Article 2" habeas statutes, however, apply only to "persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court of record." OCGA §
9-14-41 (emphasis supplied)....
CopyCited 1 times | Published | Supreme Court of Georgia | Jun 30, 2003 | 583 S.E.2d 25, 2003 Fulton County D. Rep. 2026
...See Wickham v. State,
273 Ga. 563 (544 SE2d 439) (2001); Smith v. State,
273 Ga. 356, 358 (2) (541 SE2d 362) (2001). Habeas corpus is the exclusive post-appeal procedure available to a criminal defendant who asserts the denial of a constitutional right. OCGA §
9-14-41; Saleem v....
Published | Supreme Court of Georgia | Apr 19, 2022 | 583 S.E.2d 25, 2003 Fulton County D. Rep. 2026
...If appellant
believes that he was unconstitutionally deprived of his right to
appeal, he may be able to pursue relief for that claim through a
petition for habeas corpus, along with claims alleging deprivation of
his constitutional rights in the proceedings that resulted in his
conviction. See OCGA §
9-14-41 et seq....
