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2018 Georgia Code 9-14-46 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-14-46 Case Law from Google Scholar Amendments to OCGA 9-14-46

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

9-14-46. Custody and production of petitioner.

Custody and control of the petitioner shall be retained by the Department of Corrections or other authority having custody of the petitioner. It shall be the duty of the department or authority to produce the petitioner at such times and places as the court may direct.

(Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3; Ga. L. 1985, p. 283, § 1.)

JUDICIAL DECISIONS

This section contemplates custodians other than the Board of Corrections (now Department of Offender Rehabilitation), including the State Parole Board (now State Board of Pardons and Paroles). 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).

Commissioner of department need not be joined as party in habeas action.

- As it is the duty of the department or other authority having custody of a habeas petitioner to produce the petitioner at such times and places as the superior court may direct, it is not necessary that the commissioner of the department be joined as a party in a habeas action. James v. Hight, 251 Ga. 563, 307 S.E.2d 660 (1983).

Cited in Heaton v. Lemacks, 266 Ga. 189, 466 S.E.2d 7 (1996).

OPINIONS OF THE ATTORNEY GENERAL

Transfer of applicant from one institution to another.

- Applicant for habeas corpus relief may be transferred from one institution to another, so long as the Board of Corrections (now Department of Offender Rehabilitation) retains the applicant's custody and the applicant is produced at such times and places as the habeas court may direct, subject to the sole restriction that an applicant for habeas corpus relief becomes ineligible during the pendency of the applicant's application for transfer to a county work camp or other institution or form of restraint not maintained by the Board of Corrections (now Department of Offender Rehabilitation). 1971 Op. Att'y Gen. No. 71-160.

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, §§ 106, 159, 160.

Cases Citing O.C.G.A. § 9-14-46

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Albany Fed. Sav. & Loan Ass'n v. Henderson, 31 S.E.2d 20 (Ga. 1944).

Cited 38 times | Published | Supreme Court of Georgia | Jul 6, 1944 | 198 Ga. 116

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Kennebrew v. State, 819 S.E.2d 37 (Ga. 2018).

Cited 23 times | Published | Supreme Court of Georgia | Sep 10, 2018 | 304 Ga. 406

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Hardison v. Martin, 334 S.E.2d 161 (Ga. 1985).

Cited 21 times | Published | Supreme Court of Georgia | Sep 10, 1985 | 254 Ga. 719

...Rather, the Commissioner takes the position that the State of Georgia should have been named respondent in this action. We do not agree. In the traditional habeas corpus case the respondent will be the *722 person who has actual physical custody of the petitioner. See, e.g., OCGA §§ 9-14-45 and 9-14-46....
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Rickett v. State, 581 S.E.2d 32 (Ga. 2003).

Cited 11 times | Published | Supreme Court of Georgia | May 19, 2003 | 276 Ga. 609, 2003 Fulton County D. Rep. 1571

...County. However, attendance at the hearing is entirely Rickett's own responsibility, since he is not under the custody and control of the Department of Corrections or any other authority subject to the direction of the habeas court pursuant to OCGA § 9-14-46....
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James v. Hight, 307 S.E.2d 660 (Ga. 1983).

Cited 5 times | Published | Supreme Court of Georgia | Sep 8, 1983 | 251 Ga. 563

...137 (1 Cranch 137, 2 LE *564 60) (1803). And, under our statutory habeas corpus provisions, it is the duty of the DOR or other authority having custody of a habeas petitioner to produce the petitioner at such times and places as the superior court may direct. OCGA § 9-14-46 (Code Ann....
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Heaton v. Lemacks, 466 S.E.2d 7 (Ga. 1996).

Cited 3 times | Published | Supreme Court of Georgia | Jan 22, 1996 | 266 Ga. 189, 96 Fulton County D. Rep. 283

...proved. Accordingly, we reverse the trial court's dismissal of his application and remand for a hearing on the merits of his petition. Judgment reversed. All the Justices concur. NOTES [1] James v. Hight, 251 Ga. 563, 307 S.E.2d 660 (1983). [2] OCGA § 9-14-46 (1993)....
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Kennebrew v. State, 304 Ga. 406 (Ga. 2018).

Published | Supreme Court of Georgia | Sep 10, 2018

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Thompson v. Telfair, 280 Ga. 23 (Ga. 2005).

Published | Supreme Court of Georgia | Nov 21, 2005 | 622 S.E.2d 355, 2005 Fulton County D. Rep. 3521

...Decided November 21, 2005. Thurbert E. Baker, Attorney General, Julie A. Adams, Assistant Attorney General, for appellant. Ellis, Painter, Ratterree & Adams, Margaret Sigman Puccini, for appellee. Judgment reversed. All the Justices concur. See OCGA § 9-14-46 (It is the duty of the Department of Corrections, or other authority having custody of a petitioner, to produce the petitioner for hearings as directed by the trial court.). State v....