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268 Ga. 73

Gearinger v. Taylor

Supreme Court of Georgia

Decided June 2, 1997

Supreme Court of Georgia · decided 1997-06-02

Cited by 4 later decisions — most recently March 2014

4 state decisions

Relies on Harper v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-06-02

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Hines, Justice.

¶1This 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.

¶2Judgment reversed and case remanded.

All the Justices concur.
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