ProcedureOnce a Georgia habeas corpus application is filed, the Attorney General’s Office files a response to the application. Next, if necessary, a hearing is scheduled before a superior court judge. A state habeas corpus petition may be dismissed without an evidentiary hearing only when the petition is without merit on its face. The possible results after a hearing on the Georgia application for writ of habeas corpus include the judge vacating the conviction and sentence or the judge affirming the conviction and sentence. In Georgia, habeas corpus actions are governed by the provisions of O.C.G.A. §9-14-40 through §9-14-53. With a few exceptions, a petitioner only has one opportunity to obtain relief through a state habeas corpus action. Any grounds that are not raised in the original petition or the amended petition will be deemed waived. |