Phillips v. Jackson, et al.
Annotate this CaseA municipal court judge believed Carey Phillips’s traffic citation gave rise to “quasi-bond” conditions that it could — and did — modify in order to restrict Phillips’s driving privileges. Phillips disagreed, but instead of appealing the municipal court judge’s order, he sought pretrial habeas relief against the municipal court judge and the City of Atlanta Solicitor. Counsel for the respondents did not attempt to defend the judge’s order on the merits, arguing only that Phillips’s habeas petition was procedurally improper on several grounds. The habeas court denied relief, partly on the ground that Phillips had an adequate remedy at law and so could not seek habeas. To this the Georgia Supreme Court agreed and affirmed, though identifying a different legal remedy than did the habeas court.
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