Gay v. Jackson, et al.
Annotate this CaseDonovan Gay received a speeding ticket and to which he pled not guilty. While his case was pending, he filed a pretrial petition for habeas corpus to challenge pretrial restrictions on his driving privileges. The habeas court dismissed the petition, and the Georgia Supreme Court affirmed the dismissal: as the Court held in Phillips v. Jackson, 877 SE2d 185 (2022), pretrial habeas relief under OCGA § 9-14-1 (a) was not available when, as here, the proceedings under which the petitioner’s liberty was restrained were still pending and he could seek relief under ordinary established procedures. Because Gay could have asked the state court to remove the restrictions in question and could have sought an interlocutory appeal if the court refused, pretrial habeas relief was not available to him.
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