Thompson v. Telfair

Supreme Court of Georgia

Thompson v. Telfair

622 S.E.2d 355, 280 Ga. 23, 2005 Fulton County D. Rep. 3521, 2005 Ga. LEXIS 809

CourtSupreme Court of Georgia

DecidedNovember 21, 2005

DocketS05A1508

StatusPublished

This text of 622 S.E.2d 355 (Thompson v. Telfair) 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

Thompson v. Telfair, 622 S.E.2d 355, 280 Ga. 23, 2005 Fulton County D. Rep. 3521, 2005 Ga. LEXIS 809 (Ga. 2005).

Pincite

Opinion

SEARS, Chief Justice.

The appellant, Warden Dannie Thompson, appeals from the habeas court’s grant of relief to the appellee, Harry Telfair. Warden Thompson contends that the habeas court erred in granting relief without holding an evidentiary hearing. For the reasons that follow, we agree.

The habeas court ordered Warden Thompson to produce Telfair for an evidentiary hearing scheduled for April 20, 2005.¹ Because the warden did not have Telfair present at the start of the hearing, the habeas court refused to hold an evidentiary hearing and entered an order granting Telfair relief. This Court, however, has repeatedly held that a warden is entitled to the benefit of an evidentiary hearing before a habeas court may grant relief.² Moreover, in a situation similar to the present case, we have held that the failure of a warden “to reply to a writ requiring him to answer within a stated time may subject the [warden] to punishment for contempt,” but that it does not permit the trial court to order the release of the petitioner.³

Accordingly, in the present case, we conclude that the habeas court had the authority to punish the warden for contempt for failing [24]*24to have Telfair present at the start of the hearing, but that it did not have the authority to grant Telfair relief without holding an eviden-tiary hearing.

Decided November 21, 2005. Thurbert E. Baker, Attorney General, Julie A. Adams, Assistant Attorney General, for appellant. Ellis, Painter, Ratterree & Adams, Margaret Sigman Puccini, for appellee.

Judgment reversed.

All the Justices concur.

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SEARS, Chief Justice.

The appellant, Warden Dannie Thompson, appeals from the habeas court’s grant of relief to the appellee, Harry Telfair. Warden Thompson contends that the habeas court erred in granting relief without holding an evidentiary hearing. For the reasons that follow, we agree.

The habeas court ordered Warden Thompson to produce Telfair for an evidentiary hearing scheduled for April 20, 2005.¹ Because the warden did not have Telfair present at the start of the hearing, the habeas court refused to hold an evidentiary hearing and entered an order granting Telfair relief. This Court, however, has repeatedly held that a warden is entitled to the benefit of an evidentiary hearing before a habeas court may grant relief.² Moreover, in a situation similar to the present case, we have held that the failure of a warden “to reply to a writ requiring him to answer within a stated time may subject the [warden] to punishment for contempt,” but that it does not permit the trial court to order the release of the petitioner.³

Accordingly, in the present case, we conclude that the habeas court had the authority to punish the warden for contempt for failing [24]*24to have Telfair present at the start of the hearing, but that it did not have the authority to grant Telfair relief without holding an eviden-tiary hearing.

Decided November 21, 2005. Thurbert E. Baker, Attorney General, Julie A. Adams, Assistant Attorney General, for appellant. Ellis, Painter, Ratterree & Adams, Margaret Sigman Puccini, for appellee.

Judgment reversed.

All the Justices concur.

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Bluebook (online)

622 S.E.2d 355, 280 Ga. 23, 2005 Fulton County D. Rep. 3521, 2005 Ga. LEXIS 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-telfair-ga-2005.

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