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.

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What Is a Habeas Corpus Action?

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Michael Kennedy, Mcintyre & Associates
Image: georgiapostconviction.com

Based in Atlanta, Georgia, the lawyers at Michael Kennedy McIntyre & Associates have decades of experience in state and federal postconviction representation. Michael Kennedy McIntyre & Associates strives to deliver the highest level of professional excellence in habeas corpus actions. Habeas corpus is a legal action by which individuals unlawfully imprisoned can seek relief. The right of habeas corpus is included in the United States Constitution to prevent the government from labeling someone a criminal and imprisoning them without ever giving them an opportunity to appear in a court of law. State habeas corpus relief may be sought by the filing of a state habeas corpus application by any individual imprisoned as a result of a sentence imposed by a Georgia court. A state habeas corpus application alleges that an individual’s custody is unconstitutional based upon what occurred prior to, or during, the individual’s trial or plea hearing. Habeas corpus is a complicated process with many possible claims that could lead to relief from convictions and sentences.

What Is Habeas Corpus?

 

Habeas Corpus pic

Habeas Corpus
Image: georgiapostconviction.com

Michael Kennedy McIntyre serves as an attorney with McIntyre & Associates, an Atlanta-based firm he founded in 1985. At the firm, Michael Kennedy McIntyre and his associates provide post-conviction representation for individuals who have been convicted of a felony in the State of Georgia. Mr. McIntyre and his team have experience helping clients with a variety of legal actions, including filing and litigating a state application for writ of habeas corpus. Habeas corpus petitions allege that an individual’s custody or incarceration is unconstitutional based upon what occurred prior to, or during, the individual’s trial or plea hearing. Habeas corpus is a complicated process with many possible claims that could lead to relief from convictions and sentences. The attorneys at McIntyre & Associates have decades of experience in identifying winning claims and litigating habeas corpus actions. They have the knowledge and the expertise to investigate, draft, and litigate habeas corpus actions in Georgia state courts. State habeas corpus relief can be sought by any individual imprisoned as a result of a sentence imposed by a Georgia court or by an individual who is not in physical custody but who is suffering from adverse collateral consequences (e.g., being on parole or probation) as a result of the individual’s conviction and/or sentence.