Elrod v. Ault
| Decision Date | 18 February 1974 |
| Docket Number | No. 28488,28488 |
| Citation | 231 Ga. 750,204 S.E.2d 176 |
| Parties | James Albert ELROD v. Allen L. AULT. |
| Court | Georgia Supreme Court |
Weiner & Bazemore, Paul S. Weiner, Jonesboro, for appellant.
Arthur K. Bolton, Atty. Gen., William F. Bartee, Jr., David L. G. King, Jr., Asst. Attys. Gen., Atlanta, Larry H. Evans, Deputy Asst. Atty. Gen., Griffin, for appellee.
Syllabus Opinion by the Court
Petitioner for habeas corpus complains that his conviction for burglary was erroneous because of the admission of testimony of a witness whose name did not appear on the list of witnesses furnished to him. This issue was passed upon by the Court of Appeals and the trial court held it could not review that decision. See Elrod v. State, 128 Ga.App. 250, 196 S.E.2d 360. Held:
The trial court properly remanded petitioner to custody of the warden. Petitioner's entire proof in that court consisted of the record reviewed by the Court of Appeals and its decision. After an appellate review the same issues will not be reviewed on habeas corpus. Herring v. Ault, 230 Ga. 398, 197 S.E.2d 354; Alexander v. Luzier, 229 Ga. 434, 192 S.E.2d 160; Young v. Caldwell, 229 Ga. 653, 193 S.E.2d 854.
Judgment affirmed.
All the Justices concur.
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Parker v. Turpin
...The state habeas court declined to relitigate this claim because it was decided adversely to Petitioner on appeal. See Elrod v. Ault, 231 Ga. 750, 204 S.E.2d 176 (1974) (after an appellate review the same issues will not be reviewed on habeas Petitioner argues the statutory ban on testimony......
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Crowe v. Head
...from state habeas review because "[a]fter an appellate review the same issues will not be reviewed on habeas corpus." Elrod v. Ault, 231 Ga. 750, 204 S.E.2d 176, 176 (1974). Several of Petitioner's claims that the Georgia Supreme Court determined on the merits were subsequently dismissed by......
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Head v. Carr, No. S00A1798
...direct appeal are barred because "[a]fter an appellate review the same issues will not be reviewed on habeas corpus." Elrod v. Ault, 231 Ga. 750, 750, 204 S.E.2d 176 (1974). See also Gaither v. Gibby, 267 Ga. 96(2), 475 S.E.2d 603 (1996) (issues raised and decided on direct appeal cannot be......
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Jefferson v. Terry
...issues decided on direct appeal are precluded from relitigation in habeas corpus proceedings in Georgia state courts. Elrod v. Ault, 231 Ga. 750, 750, 204 S.E.2d 176 (1974). Therefore, in Petitioner's state habeas corpus proceeding, several of Petitioner's claims were dismissed by the state......