2022 Georgia Code
Title 9 - Civil Practice
Chapter 14 - Habeas Corpus
Article 2 - Procedure for Persons Under Sentence of State Court of Record
§ 9-14-44. Petition — Contents and Verification
A petition brought under this article shall identify the proceeding in which the petitioner was convicted, give the date of rendition of the final judgment complained of, clearly set forth the respects in which the petitioner’s rights were violated, and state with specificity which claims were raised at trial or on direct appeal, providing appropriate citations to the trial or appellate record. The petition shall have attached thereto affidavits, records, or other evidence supporting its allegations or shall state why the same are not attached. The petition shall identify any previous proceedings that the petitioner may have taken to secure relief from his or her conviction and, in the case of prior habeas corpus petitions, shall state which claims were previously raised. Argument and citations of authorities shall be omitted from the petition; however, a brief may be submitted in support of the petition setting forth any applicable argument. The petition must be verified by the oath of the applicant or of some other person in his or her behalf.
History. Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3; Ga. L. 1995, p. 381, § 3.
Editor’s notes.
Ga. L. 1995, p. 381, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Death Penalty Habeas Corpus Reform Act of 1995.’ ”
Ga. L. 1995, p. 381, § 2, not codified by the General Assembly, provides for legislative intent and purpose for this Act.
