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2018 Georgia Code 9-14-47 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 9-14-47 Case Law from Google Scholar Amendments to OCGA 9-14-47

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

9-14-47. Time for answer and hearing.

Except as otherwise provided in Code Section 9-14-47.1 with respect to petitions challenging for the first time state court proceedings resulting in a sentence of death, within 20 days after the filing and docketing of a petition under this article or within such further time as the court may set, the respondent shall answer or move to dismiss the petition. The court shall set the case for a hearing on the issues within a reasonable time after the filing of defensive pleadings.

(Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3; Ga. L. 1995, p. 381, § 4.)

Editor's notes.

- Ga. L. 1995, p. 381, § 1, not codified by the General Assembly, provides that "this Act shall be known and may be cited as the 'Death Penalty Habeas Corpus Reform Act of 1995.'"

Ga. L. 1995, p. 381, § 2, not codified by the General Assembly, provides for legislative intent and purpose for this Act.

JUDICIAL DECISIONS

Failure of respondent to file timely answer not grounds for release.

- Failure of the respondent to file an answer within 20 days of the filing of a petition does not provide grounds for release of the prisoner. Gooding v. Dudley, 232 Ga. 321, 206 S.E.2d 490 (1974).

Default judgment in prisoners favor.

- Failure of state to respond to a habeas corpus petition within 20 days as required by this section does not require habeas corpus court to grant a default judgment in the prisoner's favor. Huddleston v. Ricketts, 233 Ga. 112, 210 S.E.2d 319 (1974).

Disobedience of respondent may subject respondent to contempt.

- Disobedience of respondent to writ of habeas corpus requiring the respondent to answer within 20 days may subject the respondent to punishment for contempt, but does not require release of the prisoner. Bailey v. Baker, 232 Ga. 84, 205 S.E.2d 278 (1974).

Late answer held harmless to petitioner.

- Since the petitioner made no objection to the lateness of an answer, was given time to read the answer, and was afforded an opportunity to prepare and file a traverse to it, no harm to the petitioner appeared from the answer's lateness. Beavers v. Smith, 227 Ga. 344, 180 S.E.2d 717 (1971), overruled on other grounds, Holloway v. Hopper, 233 Ga. 615, 212 S.E.2d 795 (1975).

There is no requirement that traverse to respondent's answer state any facts or law. Beavers v. Smith, 227 Ga. 344, 180 S.E.2d 717 (1971), overruled on other grounds, Holloway v. Hopper, 233 Ga. 615, 212 S.E.2d 795 (1975).

Petitioner out-of-state.

- Habeas court erred in failing to hold a hearing on the prisoner's petition for relief; the fact that the prisoner was incarcerated in Florida was of no consequence as the prisoner was responsible for providing the necessary evidence at the hearing or be subject to the same sanctions as could be imposed against any other petitioner for civil relief. Rickett v. State, 276 Ga. 609, 581 S.E.2d 32 (2003).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, §§ 102, 154, 155.

C.J.S.

- 39A C.J.S., Habeas Corpus, §§ 310, 311.

Cases Citing O.C.G.A. § 9-14-47

Total Results: 7  |  Sort by: Relevance  |  Newest First

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Cook v. State, 870 S.E.2d 758 (Ga. 2022).

Cited 114 times | Published | Supreme Court of Georgia | Mar 15, 2022 | 313 Ga. 471

...“exclusive jurisdiction” over the defendant’s habeas petition, OCGA § 9-14-43; contains requirements for what petitions must include, OCGA § 9-14-44, and how they must be served, OCGA § 9-14-45; establishes deadlines for answering a petition, OCGA § 9-14-47; and lays out how hearings must operate, OCGA § 9-14-48, what the habeas court must put in writing to support its judgment, OCGA § 9- 14-49, and how that judgment must be appealed, OCGA § 9-14-52. The Act imposes definite time limit...
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Fullwood v. Sivley, 517 S.E.2d 511 (Ga. 1999).

Cited 64 times | Published | Supreme Court of Georgia | Jun 1, 1999 | 271 Ga. 248, 99 Fulton County D. Rep. 2077

...Just recently, we decided that a person sentenced to death is not entitled to an appointed lawyer in pursuit of habeas corpus relief. Gibson v. Turpin, 270 Ga. 855, 513 S.E.2d 186 (1999). Prior to that, strict time tables were imposed on habeas corpus petitioners. See OCGA §§ 9-14-47.1; 9-14-48(b); 9-14-52(b)....
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Ramos v. Terry, 622 S.E.2d 339 (Ga. 2005).

Cited 24 times | Published | Supreme Court of Georgia | Nov 21, 2005 | 279 Ga. 889, 2005 Fulton County D. Rep. 3528

...ence imposed on him by a state court of record following proceedings in which he allegedly was denied constitutionally-guaranteed rights. Accordingly, the adjudication of his habeas petition had to be preceded by a statutorily-required hearing (OCGA § 9-14-47; Rickett v....
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Beckworth v. State, 635 S.E.2d 769 (Ga. 2006).

Cited 17 times | Published | Supreme Court of Georgia | Oct 2, 2006 | 281 Ga. 41, 2006 Fulton County D. Rep. 3020

...ineffective for not fully explaining to him his constitutional rights. We granted and remanded Beckworth's habeas petition in case number S04H1530 based upon the failure of the habeas court to conduct the statutorily mandated hearing. See *770 OCGA § 9-14-47....
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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

...hearing because of Rickett's current imprisonment in Florida. Thus, the dispositive issue is his procedural right to a hearing in the Georgia habeas court, not the underlying power of that court to conduct a hearing and to dispose of his claim. OCGA § 9-14-47 provides that the habeas "court shall set the case for a hearing on the issues within a reasonable time after the filing of defensive pleadings." (Emphasis supplied.) "`In its ordinary signification "shall" is a word of command, and the context ought to be very strongly persuasive before that word is softened into a mere permission.' [Cit.]" State v. Mills, 268 Ga. 873, 874, 495 S.E.2d 1 (1998). The obligation to schedule a hearing imposed on the habeas court by OCGA § 9-14-47 is mandatory unless it "is able to determine from the face of the petition that it is without merit.......
...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. OCGA § 9-14-47 imposes an unqualified duty on the habeas court to set a hearing and, in doing so, it should give the same consideration to Rickett's attendance or non-attendance as it would with respect to any other civil litigant....
...ect him to the same sanctions that could be imposed against any other petitioner for civil relief, including a dismissal for failure to prosecute under OCGA § 9-11-41(b). Moreover, it is not necessary that the mandatory hearing contemplated by OCGA § 9-14-47 be an evidentiary hearing at which Rickett is present....
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Lucas v. Walker, 700 S.E.2d 596 (Ga. 2010).

Cited 2 times | Published | Supreme Court of Georgia | Oct 4, 2010 | 287 Ga. 864, 2010 Fulton County D. Rep. 3201

...ertificate of probable cause and conclude that petitioner properly raised the issue. 2. A habeas corpus court is required to hold a hearing on the issues raised in the petition "within a reasonable time after the filing of defensive pleadings." OCGA § 9-14-47....
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Collier v. State, 290 Ga. 456 (Ga. 2012).

Published | Supreme Court of Georgia | Feb 6, 2012 | 721 S.E.2d 903, 2012 Fulton County D. Rep. 464

...ecute. This Court granted Collier’s application for a certificate of probable cause to assess the propriety of the habeas court’s ruling. For the reasons that follow, we affirm in part and reverse in part. As an initial matter, pursuant to OCGA § 9-14-47, a habeas “court shall set the case for a hearing on the issues within a reasonable time after the filing of defensive pleadings.” The habeas court’s obligation to schedule such a hearing is mandatory unless the court “is able to d...
...e was a reasonable probability that, but for appellate counsel’s errors, the outcome of the appeal would have been different) (citations and punctuation omitted). Thus, the habeas court was required to conduct a hearing to resolve this claim. OCGA § 9-14-47. Decided February 6, 2012. J....