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University of Georgia School of Law

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Habeas Corpus

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The Writ Of Habeas Corpus In Georgia, Donald E. Wilkes Jr. Feb 2007

The Writ Of Habeas Corpus In Georgia, Donald E. Wilkes Jr.

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Lauded as "the Great Writ" and praised as "one of the precious heritages of Anglo-American civilization," the legal writ of habeas corpus marvelously triggers a judicial proceeding in which courts may release individuals from unlawful restraints on their liberty. Indeed, this writ has been a part of Georgia law even prior to the creation of the United States. Today Georgia habeas corpus proceedings commonly involve pretrial confinement on criminal charges, detention in a mental health facility, extradition and postconviction cases. Some of these habeas decisions have even taken on human rights landmark status.