Public-domain · open source
OpenJurist

276 Ga. 711

Moore v. State

Supreme Court of Georgia

Decided June 30, 2003

Supreme Court of Georgia · decided 2003-06-30

Cited by 1 later decisions — most recently March 2005

1 state decisions

Key passage — most relied on by later courts

“[h]abeas corpus is the exclusive post-appeal procedure available to a criminal defendant who asserts the denial of a constitutional right [such as effective assistance of counsel]. OCGA § 9-14-41; Saleem v. Forrester, 262 Ga. 693, 694 ( 424 SE2d 623 ) (1993). A habeas corpus action must be filed in the superior court of the county in which the petitioner is detained, and only that court has jurisdiction over such a petition. OCGA § 9-14-43.”

quoted by 1 later decision, including 272 Ga. App. 294 - Johnson v. State

Relies on Smith v. State · Moore v. State · Saleem v. Forrester

Good law ✅— No negative treatment on recordhow we know

Decided 2003-06-30

View the full empirical analysis of this case →

Hines, Justice.

¶1Bruce Stanley Moore was convicted of malice murder in 1992, and sentenced to death. In Moore v. State, 263 Ga. 11 (427 SE2d 766) (1993), this Court affirmed the judgment of conviction, but vacated the sentence and remanded the case for re-sentencing. At Moore’s request, he was sentenced to life in prison without parole. While serving this sentence at a state prison in Tattnall County, Moore filed in the Superior Court of Floyd County, the court in which he had been tried for murder, a “Motion to Dismiss Case and Immediate Release of Defendant Pursuant to O.C.G.A. § 17-9-4.” The trial court dismissed the motion, concluding that it did not have jurisdiction to address the issues Moore raised. We affirm.

¶2Moore’s motion asserted that the trial court was without jurisdiction to try his case and that he was not afforded effective assistance of counsel at trial. Such complaints implicate constitutional rights. See Wickham v. State, 273 Ga. 563 (544 SE2d 439) (2001); Smith v. State, 273 Ga. 356, 358 (2) (541 SE2d 362) (2001). Habeas corpus is the exclusive post-appeal procedure available to a criminal defendant who asserts the denial of a constitutional right. OCGA § 9-14-41; Saleem v. Forrester, 262 Ga. 693, 694 (424 SE2d 623) (1993). A habeas corpus action must be filed in the superior court of the county *712in which the petitioner is detained, and only that court has jurisdiction over such a petition. OCGA § 9-14-43.

Decided June 30, 2003.Bruce S. Moore, pro se.Bryant G. Speed II, District Attorney, Fred R. Simpson, Assistant District Attorney, for appellee.

¶3Judgment affirmed.

All the Justices concur.
/276/ga/711 · .json · Public domain