Appeals

The Supreme Court of Georgia has exclusive jurisdiction over appeals in habeas corpus actions brought pursuant to O.C.G.A. §9-14-40 et seq.

Although the respondent has an absolute right to an appeal from an adverse decision by the superior court, the petitioner does not have an absolute right to an appeal from an adverse decision.  Within thirty days from the entry of the order denying relief, the petitioner must file a notice of appeal with the clerk of the superior court and, also within that timeframe, must file a written application for a certificate of probable cause (“CPC”) to appeal with the clerk of the Supreme Court of Georgia.  If the CPC is granted, the decision by the superior court will be reviewed by the Supreme Court of Georgia.  If the CPC is denied by the Supreme Court of Georgia, the decision by the superior court will not be reviewed on appeal by the Supreme Court of Georgia.

Also, the petitioner within 90 days from the final order entered by the Supreme Court of Georgia can file a petition for writ of certiorari in the Supreme Court of the United States. The filing of a petition for writ of certiorari continues to toll the one year statute of limitations under the AEDPA.