Hicks v. Scott, 273 Ga. 358

Summary

The Supreme Court of Georgia held that a superior court improperly denied filing of a habeas corpus petition under OCGA § 9-15-2(d) before addressing the petition on its merits. The court also concluded that the superior court had jurisdiction over the petition and that allegations of ineffective assistance of counsel and an involuntary guilty plea presented colorable grounds for habeas relief. The judgment was reversed and remanded, over dissents arguing that the appeal was untimely and that the court lacked jurisdiction.

Holdings

1. OCGA § 9-15-2(d) does not apply to petitions for habeas corpus relief, and a court may not address the merits of a habeas petition before the petition has been filed.
2. When an inmate is incarcerated in a federal prison located in Georgia, venue for a habeas action against the State lies in the superior court of the county where federal authorities hold the inmate; the Fulton County Superior Court therefore erred in concluding that it lacked jurisdiction.
3. Properly raised allegations of ineffective assistance of counsel present a colorable claim for Georgia habeas corpus relief, and the habeas court could not reject the petition as noncognizable at the filing stage.
4. The majority treated the absence of proper appellate-procedure instructions in the habeas court's order as distinguishing the case from Fullwood v. Sivley and proceeded to decide the appeal.

Questions Presented

1. Whether OCGA § 9-15-2(d), which permits denial of filing of a pro se complaint facially lacking a justiciable issue, applies to a petition for habeas corpus relief.
2. Whether a Georgia superior court has jurisdiction and proper venue to consider a habeas petition filed by an inmate incarcerated in a federal prison located in Georgia against federal prison authorities and the State.
3. Whether allegations that a conviction used to enhance a sentence resulted from ineffective assistance of counsel and an involuntary plea state potentially cognizable grounds for state habeas relief.
4. Whether the Supreme Court of Georgia had appellate jurisdiction despite the allegedly untimely certificate-of-probable-cause application.

Disposition

reversed_and_remanded