Georgia CommonsTitle 9. CIVIL PRACTICE · Chapter 14. HABEAS CORPUS · Article 2. PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD
9-14-42. Grounds for writ; waiver of objection to jury composition.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
Any person imprisoned by virtue of a sentence imposed by a state court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of this state may institute a proceeding under this article.#
- (b)
The right to object to the composition of the grand or trial jury will be deemed waived under this Code section unless the person challenging the sentence shows in the petition and satisfies the court that cause exists for his being allowed to pursue the objection after the conviction and sentence have otherwise become final.#
- (c)
Any action brought pursuant to this article shall be filed within one year in the case of a misdemeanor, except as otherwise provided in Code Section 40-13-33, or within four years in the case of a felony, other than one challenging a conviction for which a death sentence has been imposed or challenging a sentence of death, from:#
- (1)
The judgment of conviction becoming final by the conclusion of direct review or the expiration of the time for seeking such review; provided, however, that any person whose conviction has become final as of July 1, 2004, regardless of the date of conviction, shall have until July 1, 2005, in the case of a misdemeanor or until July 1, 2008, in the case of a felony to bring an action pursuant to this Code section;#
- (2)
The date on which an impediment to filing a petition which was created by state action in violation of the Constitution or laws of the United States or of this state is removed, if the petitioner was prevented from filing such state action;#
- (3)
The date on which the right asserted was initially recognized by the Supreme Court of the United States or the Supreme Court of Georgia, if that right was newly recognized by said courts and made retroactively applicable to cases on collateral review; or#
- (4)
The date on which the facts supporting the claims presented could have been discovered through the exercise of due diligence.#
- (d)
At the time of sentencing, the court shall inform the defendant of the periods of limitation set forth in subsection (c) of this Code section.#
History
Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3; Ga. L. 1975, p. 1143, § 1; Ga. L. 1982, p. 786, §§ 1, 3; Ga. L. 1984, p. 22, § 9; Ga. L. 2004, p. 917, § 1.
Editor's notes
Ga. L. 1982, p. 786, § 5, not codified by the General Assembly, declared that that Act is inapplicable to habeas corpus petitions filed prior to January 1, 1983.
Code Commission notes
Pursuant to Code Section 28-9-5, in 2004, in paragraph (c)(1), ‘‘July 1, 2004’’ was substituted for ‘‘the effective date of this Code section’’, ‘‘until July 1, 2005,’’ was substituted for ‘‘from the effective date of this Code section one year’’, and ‘‘until July 1, 2008,’’ was substituted for ‘‘four years’’.
Law reviews
For survey of 1986 Eleventh Circuit cases on constitutional criminal procedure, see 38 Mercer L. Rev. 1141 (1987). 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).
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, pages 355 to 356; merge action: annotated; file SHA-256 c88496cf9e57.
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