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Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 14. HABEAS CORPUS · Article 1. GENERAL PROVISIONS

9-14-1. Who may seek writ.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Any person restrained of his liberty under any pretext whatsoever, except under sentence of a state court of record, may seek a writ of habeas corpus to inquire into the legality of the restraint.#

  2. (b)

    Any person alleging that another person in whom for any cause he is interested is kept illegally from the custody of the applicant may seek a writ of habeas corpus to inquire into the legality of the restraint.#

  3. (c)

    Any person restrained of his liberty as a result of a sentence imposed by any state court of record may seek a writ of habeas corpus to inquire into the legality of the restraint.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Cobb’s 1851 Digest, pp. 1131-1134; Code 1863, § 3909; Code 1868, § 3933; Code 1873, § 4009; Code 1882, § 4009; Penal Code 1895, § 1210; Penal Code 1910, § 1291; Code 1933, § 50-101; Ga. L. 1967, p. 835, § 2.

Cross references

Procedure for seeking writ of habeas corpus by person whose liberty is being restrained by virtue of sentence imposed by state court of record, § 9-14-40 et seq.

Law reviews

For survey article on domestic relations, see 34 Mercer L. Rev. 113 (1982). For note, ‘‘Seen But Not Heard: An Argument for Granting Evidentiary Hearings to Weigh the Credibility of Recanted Testimony,’’ see 46 Ga. L. Rev. 213 (2011). For comment, ‘‘Has Habeas Corpus Been Suspended in Georgia? Representing Indigent Prisoners on Georgia’s Death Row,’’ see 17 Ga. St. U.L. Rev. 605 (2000).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from T09 Ch12-16 (V7A) 2015.pdf, Volume V7A, 2015 edition, page 307; merge action: annotated; file SHA-256 c88496cf9e57.