Mitchem v. Balkcom

Supreme Court of Georgia

Mitchem v. Balkcom

131 S.E.2d 562, 219 Ga. 47, 1963 Ga. LEXIS 359

CourtSupreme Court of Georgia

DecidedMay 29, 1963

Docket22021

StatusPublished

Cited by5 cases

This text of 131 S.E.2d 562 (Mitchem v. Balkcom) 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

Mitchem v. Balkcom, 131 S.E.2d 562, 219 Ga. 47, 1963 Ga. LEXIS 359 (Ga. 1963).

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Opinion

Candler, Justice.

In this State the common-law rule that the doctrine of res adjudicata does not extend to the trial of habeas corpus proceedings is not of force and such proceedings are subject to the provisions of Code § 110-501. See Andrews v. Aderhold, 201 Ga. 132 (2) (39 SE2d 61); and Wells v. *48 Keith, 213 Ga. 858 (102 SE2d 533). The record in this case conclusively shows that the ground on which the applicant here relied for his release from the penitentiary was adjudicated adversely to him by a judgment rendered in a prior habeas corpus proceeding instituted by him against the respondent. This being true, there is no merit ill the contention that the court erred in sustaining the plea of res adjudicata and remanding him to respondent’s custody.

Submitted May 13, 1963 Decided May 29, 1963. Sam Johnson, Rene Kemp, for plaintiff in error. Eugene Cook, Attorney General, Howard P. Wallace, Assistant Attorney General, B. Daniel Dubberly, Jr., Deputy Assistant Attorney General, contra.

Judgment affirmed.

All the Justices concur.

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Candler, Justice.

In this State the common-law rule that the doctrine of res adjudicata does not extend to the trial of habeas corpus proceedings is not of force and such proceedings are subject to the provisions of Code § 110-501. See Andrews v. Aderhold, 201 Ga. 132 (2) (39 SE2d 61); and Wells v. *48 Keith, 213 Ga. 858 (102 SE2d 533). The record in this case conclusively shows that the ground on which the applicant here relied for his release from the penitentiary was adjudicated adversely to him by a judgment rendered in a prior habeas corpus proceeding instituted by him against the respondent. This being true, there is no merit ill the contention that the court erred in sustaining the plea of res adjudicata and remanding him to respondent’s custody.

Submitted May 13, 1963 Decided May 29, 1963. Sam Johnson, Rene Kemp, for plaintiff in error. Eugene Cook, Attorney General, Howard P. Wallace, Assistant Attorney General, B. Daniel Dubberly, Jr., Deputy Assistant Attorney General, contra.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

131 S.E.2d 562, 219 Ga. 47, 1963 Ga. LEXIS 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchem-v-balkcom-ga-1963.

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