Turner v. Balkcom

Supreme Court of Georgia

Turner v. Balkcom

131 S.E.2d 563, 219 Ga. 48, 1963 Ga. LEXIS 360

CourtSupreme Court of Georgia

DecidedMay 29, 1963

Docket22025

StatusPublished

Cited by3 cases

This text of 131 S.E.2d 563 (Turner 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

Turner v. Balkcom, 131 S.E.2d 563, 219 Ga. 48, 1963 Ga. LEXIS 360 (Ga. 1963).

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Opinion

Almand, Justice.

Claude Turner sought his release from the Georgia State Prison by a writ of habeas corpus. After a hearing he was remanded to the custody of the respondent, R. P. Balkcom, Warden.

The ground upon which he sought his release was that with good time allowance he had served sufficient time on his minimum sentence to be given a conditional release.

In his response the warden filed a plea of res judicata on the ground that the prisoner filed on October 22, 1962, in the City Court of Reidsville, a petition for a writ of habeas corpus on *49 the identical grounds upon which he seeks his release in the instant case and that after a hearing, on October 29, 1962, he was remanded to the custody of respondent and that the judgment rendered in that case is final and bars the institution of a second habeas corpus action.

The record discloses that the petition in this case is a verbatim copy of the petition filed in October, 1962. The parties and the issues being identical in the two cases, the former judgment, being final and unreversed, is binding here and bars this, the second petition for the writ of habeas corpus, Perry v. McLendon, 62 Ga. 598, and is conclusive on the question of the legality or illegality of the alleged detention. Plunkett v. Neal, 201 Ga. 752 (41 SE2d 157); Sanders v. McHan, 206 Ga. 155 (56 SE2d 281).

The court did not err in remanding petitioner to the custody of the respondent.

Judgment affirmed.

All the Justices concur.

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Almand, Justice.

Claude Turner sought his release from the Georgia State Prison by a writ of habeas corpus. After a hearing he was remanded to the custody of the respondent, R. P. Balkcom, Warden.

The ground upon which he sought his release was that with good time allowance he had served sufficient time on his minimum sentence to be given a conditional release.

In his response the warden filed a plea of res judicata on the ground that the prisoner filed on October 22, 1962, in the City Court of Reidsville, a petition for a writ of habeas corpus on *49 the identical grounds upon which he seeks his release in the instant case and that after a hearing, on October 29, 1962, he was remanded to the custody of respondent and that the judgment rendered in that case is final and bars the institution of a second habeas corpus action.

The record discloses that the petition in this case is a verbatim copy of the petition filed in October, 1962. The parties and the issues being identical in the two cases, the former judgment, being final and unreversed, is binding here and bars this, the second petition for the writ of habeas corpus, Perry v. McLendon, 62 Ga. 598, and is conclusive on the question of the legality or illegality of the alleged detention. Plunkett v. Neal, 201 Ga. 752 (41 SE2d 157); Sanders v. McHan, 206 Ga. 155 (56 SE2d 281).

The court did not err in remanding petitioner to the custody of the respondent.

Judgment affirmed.

All the Justices concur.

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131 S.E.2d 563, 219 Ga. 48, 1963 Ga. LEXIS 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-balkcom-ga-1963.

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