Official Code of Georgia Annotated

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

9-14-22. Appeals; speedy hearing; transmittal of remittitur.

Active

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

(a)
Appeals in habeas corpus cases shall be governed, in all respects where applicable, by the laws in reference to appeals in other cases regarding the practice in the lower courts and in the Supreme Court relating to the time and manner of signing, filing, serving, transmitting, and hearing.#
(b)
It shall be the duty of the Supreme Court to give a speedy hearing and determination in habeas corpus cases either under existing rules or under special rules to be formulated by the court for such purpose.#
(c)
If the judgment of the court below is affirmed by the Supreme Court, the clerk of the Supreme Court shall promptly transmit the remittitur to the clerk of the court from which the appeal was taken. Upon the receipt of the remittitur, the clerk shall notify the judge of the court who shall have full power to pass an order, sentence, or judgment necessary to carry into execution the judgment of the court.#

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

Ga. L. 1897, p. 53, § 1; Penal Code 1910, § 1316; Code 1933, § 50-126; Ga. L. 1946, p. 726, § 1.

Cross references

Certification and transmittal of transcript and record, Rules of the Supreme Court of the State of Georgia, Rule 15. Granting of application where there is arguable merit, Rules of the Supreme Court of the State of Georgia, Rule 26.

Law reviews

For survey article on local government law, see 60 Mercer L. Rev. 263 (2008).

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 347; merge action: carried; file SHA-256 c88496cf9e57.

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