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 of death, within 20 days after the filing and docketing of a petition under this article or within such further time as the court may set, the respondent shall answer or move to dismiss the petition. The court shall set the case for a hearing on the issues within a reasonable time after the filing of defensive pleadings.
History. Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3; Ga. L. 1995, p. 381, § 4.
Editor’s notes.
Ga. L. 1995, p. 381, § 1, not codified by the General Assembly, provides that “this Act shall be known and may be cited as the ‘Death Penalty Habeas Corpus Reform Act of 1995.’ ”
Ga. L. 1995, p. 381, § 2, not codified by the General Assembly, provides for legislative intent and purpose for this Act.
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