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Gearinger v. Taylor

487 S.E.2d 600, 268 Ga. 73, 97 Fulton County D. Rep. 1918, 1997 Ga. LEXIS 276
CourtSupreme Court of Georgia
DecidedJune 2, 1997
DocketS97A0044
StatusPublished
Cited by1 cases

This text of 487 S.E.2d 600 (Gearinger v. Taylor) 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
Gearinger v. Taylor, 487 S.E.2d 600, 268 Ga. 73, 97 Fulton County D. Rep. 1918, 1997 Ga. LEXIS 276 (Ga. 1997).

Opinion

Hines, Justice.

This is an appeal from an order granting Taylor’s petition for the writ of habeas corpus. The warden complains that the habeas court entered the order without giving him the benefit of an evidentiary hearing in which to present evidence in opposition. The clerk of the superior court has certified that no hearing was held on the matter as required by OCGA § 9-14-48. Harper v. State, 229 Ga. 843 (195 SE2d 26) (1972). Accordingly, we reverse the judgment granting relief and remand the case for an evidentiary hearing.

Judgment reversed and case remanded.

All the Justices concur.

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622 S.E.2d 355 (Supreme Court of Georgia, 2005)

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Bluebook (online)
487 S.E.2d 600, 268 Ga. 73, 97 Fulton County D. Rep. 1918, 1997 Ga. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gearinger-v-taylor-ga-1997.