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).

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.

Am. Jur. 2d.

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