Cline v. Smith

Supreme Court of Georgia

Cline v. Smith

190 S.E.2d 51, 229 Ga. 190, 1972 Ga. LEXIS 550

CourtSupreme Court of Georgia

DecidedMay 19, 1972

Docket27130

StatusPublished

Cited by5 cases

This text of 190 S.E.2d 51 (Cline v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cline v. Smith, 190 S.E.2d 51, 229 Ga. 190, 1972 Ga. LEXIS 550 (Ga. 1972).

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Opinion

Mobley, Chief Justice.

Walter N. Cline appeals from the judgment of the Superior Court of Putnam County in his habeas corpus case, remanding him to the custody of the warden. The appellant attempted to re-open a prior habeas corpus proceeding in Butts Superior Court, in which a judgment adverse to the appellant was entered, and that judgment affirmed by this court. Cline v. Ballard, 227 Ga. 458 (181 SE2d 386). The trial judge in Putnam *191 Superior Court treated his petition for "re-entry” as a petition for habeas corpus. The judge found from the record introduced at the hearing that the Butts County habeas corpus proceeding had decided all the questions raised by the appellant except his contention that he was not given a preliminary hearing; that the appellant was not given a preliminary hearing until approximately one week after being bound over to Bibb Superior Court, hut that he signed a waiver of commitment hearing.

Submitted April 10, 1972 Decided May 19, 1972. Walter N. Cline, pro se. Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, W. Hensell Harris, Jr., Assistant Attorneys General, for appellee.

1. The trial judge did not err in holding that the absence of a commitment hearing does not divest a criminal court of jurisdiction (Ballard v. Smith, 225 Ga. 416 (4) (169 SE2d 329); Griffin v. Smith, 228 Ga. 177 (6) (184 SE2d 459), and that an accused may waive his right to commitment hearing.

2. The court properly found that none of the appellant’s constitutional rights had been denied him, and that he is serving a valid sentence imposed by Bibb Superior Court.

Judgment affirmed.

All the Justices concur.

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Mobley, Chief Justice.

Walter N. Cline appeals from the judgment of the Superior Court of Putnam County in his habeas corpus case, remanding him to the custody of the warden. The appellant attempted to re-open a prior habeas corpus proceeding in Butts Superior Court, in which a judgment adverse to the appellant was entered, and that judgment affirmed by this court. Cline v. Ballard, 227 Ga. 458 (181 SE2d 386). The trial judge in Putnam *191 Superior Court treated his petition for "re-entry” as a petition for habeas corpus. The judge found from the record introduced at the hearing that the Butts County habeas corpus proceeding had decided all the questions raised by the appellant except his contention that he was not given a preliminary hearing; that the appellant was not given a preliminary hearing until approximately one week after being bound over to Bibb Superior Court, hut that he signed a waiver of commitment hearing.

Submitted April 10, 1972 Decided May 19, 1972. Walter N. Cline, pro se. Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, W. Hensell Harris, Jr., Assistant Attorneys General, for appellee.

1. The trial judge did not err in holding that the absence of a commitment hearing does not divest a criminal court of jurisdiction (Ballard v. Smith, 225 Ga. 416 (4) (169 SE2d 329); Griffin v. Smith, 228 Ga. 177 (6) (184 SE2d 459), and that an accused may waive his right to commitment hearing.

2. The court properly found that none of the appellant’s constitutional rights had been denied him, and that he is serving a valid sentence imposed by Bibb Superior Court.

Judgment affirmed.

All the Justices concur.

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190 S.E.2d 51, 229 Ga. 190, 1972 Ga. LEXIS 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cline-v-smith-ga-1972.

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