Colton v. Martins, 27724
| Decision Date | 13 April 1973 |
| Docket Number | No. 27724,27724 |
| Citation | 230 Ga. 482,197 S.E.2d 729 |
| Parties | Lanier COLTON et al. v. Ronald MARTINS. |
| Court | Georgia Supreme Court |
Syllabus by the Court
The trial court erred in ruling that it did not have jurisdiction of the petition for the writ of habeas corpus.
Millard C. Farmer, Jr., Newnan, for appellants.
George W. Darden, III, Edwards, Awtrey & Parker, G. Grant Brantley, Robert Joseph Grayson, Marietta, for appellee.
The appellants filed a petition for the writ of habeas corpus in the Superior Court of Cobb County against Ronald Martins, Acting Superintendent of the Cobb County Juvenile Detention Home, alleging that their minor son was being unlawfully detained therein by virtue of an order of the Juvenile Court of Meriwether County.
The petitioners asserted that there was a substantial denial of the constitutional rights of the child before and during the proceedings in the Juvenile Court of Meriwether County, and that specified provisions of the Juvenile Court Act of 1971 (Ga.L.1971, p. 709 et seq.) had been violated. However, the habeas corpus court refused to hear the merits of the issues raised by the petition, and on its own motion found that it had no jurisdiction, that jurisdiction was in the Superior Court of Meriwether County, and ordered that the entire record be transferred to that court for immediate hearing.
The petitioners appeal from this judgment.
The Habeas Corpus Act of 1967 (Ga.L.1967, pp. 835, 836; Code Ann. § 50-127(3)), which sets out the exclusive procedure for suing out a writ of habeas corpus for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court of record, provides that
In our view, this section is controlling as to jurisdiction and venue for habeas corpus petitions arising out of delinquency proceedings in the juvenile court, even though we have held that such proceedings are civil in nature in order to protect minors from a criminal record. See M.E.B. v. State of Ga., 230 Ga. 154, 195 S.E.2d 891.
Moreover, this court has previously held that ...
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...is the proper forum to decide a habeas petition. See, e.g., McBurnett v. Warren, 208 Ga. 225, 66 S.E.2d 49 (1951); Colton v. Martins, 230 Ga. 482, 197 S.E.2d 729 (1973); Neal v. State, 232 Ga. 96, 205 S.E.2d 284 (1974); Craig v. State, 234 Ga. 398, 216 S.E.2d 296 (1975); Waye v. State, 239 ......
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...635 fn. 1, 373 S.E.2d 355; Moss v. Moss, 233 Ga. 688, 690, 212 S.E.2d 853; In re J.R.T., 233 Ga. 204, 210 S.E.2d 684; Colton v. Martins, 230 Ga. 482, 197 S.E.2d 729; see In the Interest of C.F., 199 Ga.App. 858, 406 S.E.2d 279; Neal v. Washington, 158 Ga.App. 39, 279 S.E.2d 294; see Conroy ......
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...and pass such an order as the case requires. See Johnson v. Caldwell, 229 Ga. 548, 549, 192 S.E.2d 900 (1972). In Colton v. Martins, 230 Ga. 482, 197 S.E.2d 729 (1973), the Superior Court of Cobb County had before it a habeas action in which it was alleged that the acting Superintendent of ......
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