District attorney's authority outside judicial circuit.

- District attorney lacks authority to assert the state's interest in that official capacity in a habeas action originating outside of the district attorney's own judicial circuit. Wiggins v. Lemley, 256 Ga. 152, 345 S.E.2d 584 (1986).

Motion not construed as habeas petition when filed in county of conviction.

- Criminal defendant's motion in arrest of judgment filed three years late could not be construed as a petition for habeas corpus because the motion was filed in the county in which the defendant was convicted, rather than against the warden in the county in which the defendant was incarcerated. Lacey v. State, 253 Ga. 711, 324 S.E.2d 471 (1985).

Petitioner challenging driver's license revocation must file against commissioner of public safety.

- If a petitioner whose license has been revoked is not in physical custody, but alleges that the petitioner's liberty is otherwise restrained, the proper party respondent is not the State of Georgia but rather the commissioner of public safety who, in the exercise of a statutory duty, is restricting the petitioner's liberty. Hardison v. Martin, 254 Ga. 719, 334 S.E.2d 161 (1985).

Dismissal of application for failure to comply with section.

- Since the application for writ of habeas corpus did not comply with the requirements of this section, the trial court did not err in dismissing the application. Baker v. Tanner, 231 Ga. 723, 204 S.E.2d 136 (1974). But see Mitchell v. Forrester, 247 Ga. 622, 278 S.E.2d 368 (1981).

Required service by petitioner in federal custody outside state.

- Habeas corpus petitioner who was challenging Georgia convictions while incarcerated in a federal penitentiary should have filed the petitioner's action against the State of Georgia only, and not against the prison warden; additionally, since the petition did not list the State, but the petitioner's memorandum of law indicated that it was filed against the State, remand was required in order to properly serve the district attorney by regular mail. Scott v. Wright, 276 Ga. 12, 573 S.E.2d 49 (2002).

Service on district attorney.

- Trial court did not err in refusing to dismiss the petitioner's application for a writ of habeas corpus; even assuming that a requirement existed that the district attorney had to be served with a copy of the application, the state failed to timely raise the argument that it applied since it did not set forth the argument either in the state's answer to the petitioner's application or by motion filed before or simultaneously with the answer, and thus the defense of insufficiency of service was waived. State v. Jaramillo, 279 Ga. 691, 620 S.E.2d 798 (2005).

Cited in Abrams v. Laughlin, 304 Ga. 34, 816 S.E.2d 26 (2018).

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, § 98.

C.J.S.

- 39A C.J.S., Habeas Corpus, § 284 et seq.