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The Great Writ In The Peach State: Georgia Habeas Corpus, 1865-1965, Donald E. Wilkes Jr.
The Great Writ In The Peach State: Georgia Habeas Corpus, 1865-1965, Donald E. Wilkes Jr.
Scholarly Works
There is a plenitude of scholarly writing on the Great Writ of Habeas Corpus, which is universally recognized as "one of the decisively differentiating factors between our democracy and totalitarian governments."' The overwhelming majority of these scholarly publications are concerned with the writ of habeas corpus as administered in the federal court system. There are far fewer scholarly publications on the writ of habeas corpus as administered in the courts of the State of Georgia, and most of these works are concerned with Georgia habeas corpus as a state postconviction remedy, past and present. Only one scholarly piece, a law …
From Oglethorpe To The Overthrow Of The Confederacy: Habeas Corpus In Georgia, 1733-1865, Donald E. Wilkes Jr.
From Oglethorpe To The Overthrow Of The Confederacy: Habeas Corpus In Georgia, 1733-1865, Donald E. Wilkes Jr.
Scholarly Works
This Article will provide, for the first time, a comprehensive account of the writ of habeas corpus in Georgia not primarily focused on use of the writ as a postconviction remedy. The Article covers the 132-year period stretching from 1733, when the Georgia colony was established, to 1865, when the Confederate States of America was finally defeated and the American Civil War came to a close.
Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr.
Postconviction Habeas Corpus Relief In Georgia: A Decade After The Habeas Corpus Act, Donald E. Wilkes Jr.
Scholarly Works
Part II of this Article will highlight the grounds for relief from a conviction or sentence that were available to a Georgia prisoner prior to 1967 and the procedural obstacles to relief that existed. Part III will explore the grounds for relief currently available, and Part IV will examine the procedural obstacles to postconviction relief that remain. Part V will briefly summarize the availability of postconfiction relief in federal court to determine whether the 1967 Act has in fact eliminated the friction between the state courts and the federal courts.