Crosson v. Conway
Annotate this CaseAfter being indicted for certain theft crimes, defendant filed a pre-trial petition for writ of habeas corpus. At issue on appeal was whether the holding in Hicks v. Scott, preventing a pro se prisoner in a post-conviction habeas case from being dismissed for failure to comply with certain appellate procedural requirements unless he was correctly informed of those requirements, should be extended to pre-trial habeas cases and whether the holding in Hicks should be overruled. The court concluded that compliance with OCGA 5-6-35 could not be excused for failure to inform defendant of its requirements and the holding in Hicks could not be applied in this pre-trial habeas case. Accordingly, the application for discretionary review filed by defendant was subject to dismissal as untimely, and the current appeal, not being authorized, must be dismissed.
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