Habeas Corpus Petitions in the State of Georgia


Mcintyre & Associates ic

Mcintyre & Associates
Image: georgiapostconviction.com

Attorney Michael Kennedy McIntyre founded McIntyre & Associates in 1985. Representing clients in post-conviction cases, McIntyre & Associates help people secure release from confinement through a number of post-conviction options including habeas corpus petitions. Habeas corpus, a writ guaranteed by the Georgia Constitution, is a court-issued relief available to people who prove they have been unlawfully detained. Habeas corpus petitions can be filed in extradition cases, pretrial confinement cases, and post-conviction cases, but the vast majority of petitions are filed in post-conviction cases. A post-conviction habeas corpus petition is filed as a civil action in a superior court. The petitioner contends that he or she is held unlawfully as a result of a sentence imposed following a denial or violation of the petitioner’s constitutional rights during a trial, a guilty plea hearing, or sentencing. In Georgia, the venue for hearing the petition is in the county where the petitioner is detained. If the petitioner is detained in another state, the petition is heard in the county where the conviction was imposed.