Kearse v. Paulk
| Decision Date | 03 October 1994 |
| Docket Number | No. S94A0965,S94A0965 |
| Citation | 264 Ga. 509,448 S.E.2d 369 |
| Parties | KEARSE v. PAULK. |
| Court | Georgia Supreme Court |
James Kearse, pro se appellant.
J. David Miller, Bradford M. Shealy, Asst. Dist. Attys., and H. Lamar Cole, Dist. Atty., Valdosta, for Ashley Paulk.
After appellant had been indicted for several offenses, but prior to his trial, he filed a pro se petition for habeas corpus. The habeas court dismissed appellant's petition and he appeals.
" Mullennix v. Balkcom, 213 Ga. 490, 99 S.E.2d 832 (1957), overruled on other grounds, Hollis v. Allen, 235 Ga. 211, 219 S.E.2d 108 (1975). In his pro se petition, appellant did not purport to state a claim for habeas corpus relief based upon the asserted illegality of his current pre-trial detention, but alleged only that his counsel's current representation pending trial has not been effective.
Detention by arrest under a bench warrant based on an indictment regular upon its face ( [cit.] ) is not illegal; and consequently the writ of habeas corpus is not available for discharge of one so arrested. [Cits.]
Harris v. Whittle, 190 Ga. 850(1), 10 S.E.2d 926 (1940).
"Where the proceedings under which the petitioner is detained are still pending undisposed of, and the ordinary established procedure is still available to him, the orderly procedure by trial and appeal should not be interfered with by a writ of habeas corpus (cits.), there being another adequate remedy (cits.), and no necessity for issuance of this high extraordinary writ (cit.)."
Jackson v. Lowry, 170 Ga. 755, 756-757, 154 S.E. 228 (1930).
It follows that the habeas court correctly dismissed appellant's petition for pre-trial habeas corpus relief.
Judgment affirmed.
All the Justices concur.
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...his filing a habeas petition. For this reason, pretrial habeas relief is not available to him at this time. See Kearse v. Paulk , 264 Ga. 509, 510, 448 S.E.2d 369 (1994). Accordingly, we affirm.5 Judgment affirmed.All the Justices concur.1 OCGA § 17-6-11 (a) provides in relevant part as fol......
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