Georgia Code, Title 9, Chapter 14, Article 2 - Procedure for Persons Under Sentence of State Court of Record

• § 9-14-40 - Legislative Intent
  (a) The General Assembly finds that: (1) Expansion of the scope of habeas corpus in federal court by decisions of the United States Supreme...
• § 9-14-41 - Article As Exclusive Procedure
  Notwithstanding the other provisions of this chapter, this article provides the exclusive procedure for seeking a writ of habeas corpus for persons whose liberty...
• § 9-14-42 - Grounds for Writ; Waiver of Objection to Jury Composition
  (a) Any person imprisoned by virtue of a sentence imposed by a state court of record who asserts that in the proceedings which resulted...
• § 9-14-43 - Jurisdiction and Venue
  A petition brought under this article must be filed in the superior court of the county in which the petitioner is being detained. The...
• § 9-14-44 - Petition -- Contents and Verification
  A petition brought under this article shall identify the proceeding in which the petitioner was convicted, give the date of rendition of the final...
• § 9-14-45 - Petition -- Service
  Service of a petition brought under this article shall be made upon the person having custody of the petitioner. If the petitioner is being...
• § 9-14-46 - Custody and Production of Petitioner
  Custody and control of the petitioner shall be retained by the Department of Corrections or other authority having custody of the petitioner. It shall...
• § 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...
• § 9-14-47.1 - Petitions Challenging for the First Time State Court Proceedings Resulting in a Death Sentence
  (a) In petitions filed under this article challenging for the first time state court proceedings resulting in a death sentence, the provisions of this...
• § 9-14-48 - Hearing; Evidence; Depositions; Affidavits; Determination of Compliance With Procedural Rules; Disposition
  (a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence. No other forms of discovery shall be allowed except...
• § 9-14-49 - Findings of Fact and Conclusions of Law
  After reviewing the pleadings and evidence offered at the trial of the case, the judge of the superior court hearing the case shall make...
• § 9-14-50 - Transcription of Proceedings
  All trials held under this article shall be transcribed by a court reporter designated by the superior court hearing the case.
• § 9-14-51 - Effect of Failure to Raise Grounds for Relief in Original or Amended Petition
  All grounds for relief claimed by a petitioner for a writ of habeas corpus shall be raised by a petitioner in his original or...
• § 9-14-52 - Appeal Procedure; Application to Supreme Court by Petitioner for Certificate of Probable Cause; Effect of Appeal by Respondent
  (a) Appeals in habeas corpus cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to final...
• § 9-14-53 - Reimbursement to Counties for Habeas Corpus Costs
  Each county of this state shall be reimbursed from state funds for court costs both at the trial level and in any appellate court...

Last modified: October 14, 2016