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.
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).
Structure Georgia Code
Article 2 - Procedure for Persons Under Sentence of State Court of Record
§ 9-14-41. Article as Exclusive Procedure
§ 9-14-42. Grounds for Writ; Waiver of Objection to Jury Composition
§ 9-14-43. Jurisdiction and Venue
§ 9-14-44. Petition — Contents and Verification
§ 9-14-46. Custody and Production of Petitioner
§ 9-14-47. Time for Answer and Hearing
§ 9-14-49. Findings of Fact and Conclusions of Law
§ 9-14-50. Transcription of Proceedings
§ 9-14-51. Effect of Failure to Raise Grounds for Relief in Original or Amended Petition
§ 9-14-53. Reimbursement to Counties for Habeas Corpus Costs