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Call Now: 904-383-7448Custody 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.)
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).
- 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).
- 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.
- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, §§ 106, 159, 160.
Total Results: 7
Court: Supreme Court of Georgia | Date Filed: 2018-09-10
Citation: 819 S.E.2d 37, 304 Ga. 406
Snippet: See **412United States v. Mitchell, 271 U.S. 9, 14, 46 S.Ct. 418, 70 L.Ed. 799 (1926) ("It is not to
Court: Supreme Court of Georgia | Date Filed: 2005-11-21
Citation: 280 Ga. 23, 622 S.E.2d 355, 2005 Fulton County D. Rep. 3521, 2005 Ga. LEXIS 809
Snippet: reversed. All the Justices concur. See OCGA § 9-14-46 (It is the duty of the Department of Corrections
Court: Supreme Court of Georgia | Date Filed: 2003-05-19
Citation: 581 S.E.2d 32, 276 Ga. 609, 2003 Fulton County D. Rep. 1571, 2003 Ga. LEXIS 482
Snippet: direction of the habeas court pursuant to OCGA § 9-14-46. OCGA § 9-14-47 imposes an unqualified duty on
Court: Supreme Court of Georgia | Date Filed: 1996-01-22
Citation: 466 S.E.2d 7, 266 Ga. 189, 96 Fulton County D. Rep. 283, 1996 Ga. LEXIS 43
Snippet: 251 Ga. 563, 307 S.E.2d 660 (1983). [2] OCGA § 9-14-46 (1993). [3] See OCGA § 9-14-44.
Court: Supreme Court of Georgia | Date Filed: 1985-09-10
Citation: 334 S.E.2d 161, 254 Ga. 719, 1985 Ga. LEXIS 824
Snippet: the petitioner. See, e.g., OCGA §§ 9-14-45 and 9-14-46. Where the petitioner is not in physical custody
Court: Supreme Court of Georgia | Date Filed: 1983-09-08
Citation: 307 S.E.2d 660, 251 Ga. 563, 1983 Ga. LEXIS 840
Snippet: places as the superior court may direct. OCGA § 9-14-46 (Code Ann. § 50-127). See 1971 Op. Atty. Gen. No
Court: Supreme Court of Georgia | Date Filed: 1944-07-06
Citation: 31 S.E.2d 20, 198 Ga. 116, 1944 Ga. LEXIS 365
Snippet: See also United States v. Mitchell, 271 U.S. 9, 14 (46 Sup. Ct. 418, 70 L. ed. 799); Gargilis v. Gleavy