Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 14. HABEAS CORPUS · Article 2. PROCEDURE FOR PERSONS UNDER SENTENCE OF STATE COURT OF RECORD

9-14-43. Jurisdiction and venue.

Active

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

A petition brought under this article must be filed in the superior court of the county in which the petitioner is being detained. The superior courts of such counties shall have exclusive jurisdiction of habeas corpus actions arising under this article. If the petitioner is not in custody or is being detained under the authority of the United States, any of the several states other than Georgia, or any foreign state, the petition must be filed in the superior court of the county in which the conviction and sentence which is being challenged was imposed.

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

Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3; Ga. L. 2004, p. 917, § 2.

Law reviews

For note, ‘‘Ineffective Assistance of Counsel Blues: Navigating the Muddy Waters of Georgia Law After 2010 State Supreme Court Decisions,’’ see 45 Ga. L. Rev. 1199 (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 365 to 366; merge action: annotated; file SHA-256 c88496cf9e57.