Sorrow v. Vickery

Supreme Court of Georgia

Sorrow v. Vickery

184 S.E.2d 462, 228 Ga. 191, 1971 Ga. LEXIS 512

CourtSupreme Court of Georgia

DecidedOctober 8, 1971

Docket26725

StatusPublished

Cited by7 cases

This text of 184 S.E.2d 462 (Sorrow v. Vickery) 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

Sorrow v. Vickery, 184 S.E.2d 462, 228 Ga. 191, 1971 Ga. LEXIS 512 (Ga. 1971).

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Opinion

Hawes, Justice.

On April 19, 1971, the appellant was sentenced to serve one year in prison upon a charge of operating a motor vehicle under the influence of intoxicants. He filed the present application for a writ of habeas corpus on June 30, 1971, and the order refusing to sanction the same was filed on the same day. The appeal was filed in this court on July 23, 1971, and was assigned for argument on September 14, 1971. It being suggested to this court that the appellant had been released from confine[192]*192ment on parole, we cited the appellant to show cause why the case should not be dismissed as being moot, since it is fundamental that habeas corpus is available to test the legality of present confinement only (Cobb v. Dutton, 222 Ga. 11 (2) (148 SE2d 399); Dutton v. Knight, 223 Ga. 140 (2) (153 SE2d 714)), and if the applicant is no longer incarcerated there is nothing for the courts to adjudicate. No cause having been shown and the time allowed having expired, the appeal must be dismissed.

Submitted September 14, 1971 Decided October 8, 1971. Guy B. Scott, Jr., for appellant. Cíete D. Johnson, District Attorney, Joe Skelton, Arthur K. Bolton, Attorney General, for appellee.

Appeal dismissed.

All the Justices concur.

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Hawes, Justice.

On April 19, 1971, the appellant was sentenced to serve one year in prison upon a charge of operating a motor vehicle under the influence of intoxicants. He filed the present application for a writ of habeas corpus on June 30, 1971, and the order refusing to sanction the same was filed on the same day. The appeal was filed in this court on July 23, 1971, and was assigned for argument on September 14, 1971. It being suggested to this court that the appellant had been released from confine[192]*192ment on parole, we cited the appellant to show cause why the case should not be dismissed as being moot, since it is fundamental that habeas corpus is available to test the legality of present confinement only (Cobb v. Dutton, 222 Ga. 11 (2) (148 SE2d 399); Dutton v. Knight, 223 Ga. 140 (2) (153 SE2d 714)), and if the applicant is no longer incarcerated there is nothing for the courts to adjudicate. No cause having been shown and the time allowed having expired, the appeal must be dismissed.

Submitted September 14, 1971 Decided October 8, 1971. Guy B. Scott, Jr., for appellant. Cíete D. Johnson, District Attorney, Joe Skelton, Arthur K. Bolton, Attorney General, for appellee.

Appeal dismissed.

All the Justices concur.

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Bluebook (online)

184 S.E.2d 462, 228 Ga. 191, 1971 Ga. LEXIS 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sorrow-v-vickery-ga-1971.

Opinion

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