Parker v. Abernathy, 41259
| Decision Date | 07 January 1985 |
| Docket Number | No. 41259,41259 |
| Citation | 324 S.E.2d 191,253 Ga. 673 |
| Parties | PARKER, v. ABERNATHY. |
| Court | Georgia Supreme Court |
Michael J. Bowers, Atty. Gen., Paula K. Smith, Staff Asst. Atty. Gen., for Garrison Parker, Warden.
Grady Abernathy, pro se.
This is an appeal of an order of the Superior Court of Bibb County, granting appellee Grady Abernathy's complaint for a writ of habeas corpus.
In April 1982 the Murray County grand jury returned an indictment against appellee which, inter alia, accused him of violating the Georgia Controlled Substances Act, OCGA Ch. 16- 13, Art. 2, by possessing a quantity of lysergic acid diethylamide with intent to distribute, OCGA §§ 16-13-25(3)(I), 16-13-30. In October 1982 appellee pled guilty to that charge. At the sentencing hearing his attorney pointed out that Abernathy had a history of mental illness, and asked the court to sentence Abernathy to probation conditioned upon treatment of his illness, rather than imprisonment. Instead, the court accepted the plea; found, without a request by Abernathy, that he was guilty but mentally ill under OCGA § 17-7-131; and sentenced him to a six-year term of imprisonment. In May 1983 appellee filed suit for a writ of habeas corpus in Bibb County, alleging several grounds upon which the writ should be granted. In April 1984, after trying the complaint, the court entered an order vacating appellee's sentence, based solely on the court's own conclusion that OCGA § 17-7-131 requires that the defendant affirmatively plead that he is guilty but mentally ill before he may be sentenced on that ground. Since Abernathy did not tender that specific plea, the habeas court held that Abernathy's sentence was erroneous.
Pretermitting consideration of whether the habeas court correctly interpreted OCGA § 17-7-131, we find that issue does not fall within the scope of our habeas corpus act, OCGA Ch. 14, Art. 2, and we therefore reverse. The habeas court's conclusion was predicated entirely upon its interpretation of the statutory requirements of OCGA § 17-7-131. OCGA § 9-14-42(a) formerly provided that a substantial denial of a federal or state constitutional right, or of a right under the laws of this state, could be raised pursuant to our state habeas corpus act. See McDuffie v. Jones, 248 Ga. 544(1), 283 S.E.2d 601 (1981). This Code section was amended by 1982 Ga.L. p. 786, § 3, which deleted the provision for raising denials of rights under the laws of this state. § 9-14-42(a)...
To continue reading
Request your trial
-
Schoicket v. State
...Constitution of the United States or of the State of Georgia may institute a proceeding under this Section."); Parker v. Abernathy , 253 Ga. 673, 673, 324 S.E.2d 191 (1985). The relevant Code section now provides: "Any person imprisoned by virtue of a sentence imposed by a state court of re......
-
Habif, Arogeti & Wynne, PC v. Baggett
... ... 42. U3S Corp. of America v. Parker, 202 Ga.App. 374, 378(2)(b), 414 S.E.2d 513 (1991) ... 43. Mouyal, supra, ... ...
-
Turpin v. Todd
...and insufficient to authorize the grant of habeas relief. See Green v. Dunn, 257 Ga. 66, 355 S.E.2d 61 (1987); Parker v. Abernathy, 253 Ga. 673, 324 S.E.2d 191 (1985). There is no contention that, in the habeas proceeding, the court denied Todd the opportunity to produce admissible and rele......
-
Smith v. The State
...‘were violated is not cognizable in a habeas action.’ ” Britt v. Smith, 274 Ga. at 612, 556 S.E.2d 435 (quoting Parker v. Abernathy, 253 Ga. 673, 674, 324 S.E.2d 191 (1985)). Statutory claims under OCGA § 17-7-93(c) would suffer the same fate. Parker, 253 Ga. at 674, 324 S.E.2d 191 (rejecti......
-
Restrictions on Post-employment Competition by an Executive Under Georgia Law - Steven E. Harbour
...196. 225 Ga. App. at 538, 484 S.E.2d at 264-65. 197. 196 Ga. App. 414, 396 S.E.2d 257 (1990). 198. Id. at 418, 396 S.E.2d at 260. 199. 253 Ga. at 673, 324 S.E.2d at 178. 200. 237 Ga. App. 758, 516 S.E.2d 804 (1999). 201. Id. at 761, 516 S.E.2d at 806. 202. 220 Ga. App. at 808, 470 S.E.2d at......