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Perera v. Miller

Supreme Court of Georgia
Jun 2, 2008
283 Ga. 583 (Ga. 2008)

Summary

noting that criminal defendants can bring speedy trial claims during the course of criminal proceedings

Summary of this case from Daker v. Sapp

Opinion

No. S08A0897.

DECIDED JUNE 2, 2008.

Habeas corpus. Douglas Superior Court. Before Judge Howe.

Emily Perera, pro se. David McDade, District Attorney, James A. Dooley, Assistant District Attorney, Thurbert E. Baker, Attorney General, for appellee.


The appellant, Emily Perera, is the defendant in a pending murder case in Douglas County. She filed this pre-trial habeas action, contending that she was receiving ineffective assistance of trial counsel and that her constitutional right to a speedy trial had been violated. However, because Perera may raise these issues in the pending criminal action, she may not raise them pursuant to a petition for writ of habeas corpus. For this reason, the habeas court did not err in dismissing Perera's petition without an evidentiary hearing. Judgment affirmed. All the Justices concur.

Mungin v. St. Lawrence, 281 Ga. 671 ( 641 SE2d 541) (2007); Kearse v. Paulk, 264 Ga. 509, 509-510 ( 448 SE2d 369) (1994).

See Mungin, 281 Ga. 671 (where habeas court is able to determine from face of the petition that it is without merit, it may dismiss without a hearing).


DECIDED JUNE 2, 2008.


Summaries of

Perera v. Miller

Supreme Court of Georgia
Jun 2, 2008
283 Ga. 583 (Ga. 2008)

noting that criminal defendants can bring speedy trial claims during the course of criminal proceedings

Summary of this case from Daker v. Sapp

noting that criminal defendants can bring speedy trial claim and ineffective assistance of counsel claims during the course of criminal proceedings

Summary of this case from Jackson v. Morales

noting that criminal defendants can bring speedy trial claim and ineffective assistance of counsel claims during the course of criminal proceedings

Summary of this case from Ingram v. Georgia

noting that criminal defendants can bring speedy trial claim and ineffective assistance of counsel claims during the course of criminal proceedings

Summary of this case from Maynor v. St. Lawrence

noting that criminal defendants can bring speedy trial claim and ineffective assistance of counsel claims during the course of criminal proceedings

Summary of this case from Lawrence v. St. Lawrence

noting that criminal defendants can bring speedy trial claim and ineffective assistance of counsel claims during the course of criminal proceedings

Summary of this case from Scott v. St. Lawrence

noting that criminal defendants can bring speedy trial claim and ineffective assistance of counsel claims during the course of criminal proceedings

Summary of this case from Rice v. St. Lawrence

noting that criminal defendants can bring speedy trial claim and ineffective assistance of counsel claims during the course of criminal proceedings

Summary of this case from Jenkins v. St. Lawrence

noting that criminal defendants can bring speedy trial claim and ineffective assistance of counsel claims during the course of criminal proceedings

Summary of this case from Broadus v. St. Lawrence

noting that criminal defendants can bring speedy trial claim and ineffective assistance of counsel claims during the course of criminal proceedings

Summary of this case from Harvey v. Corbin
Case details for

Perera v. Miller

Case Details

Full title:PERERA v. MILLER

Court:Supreme Court of Georgia

Date published: Jun 2, 2008

Citations

283 Ga. 583 (Ga. 2008)
662 S.E.2d 544

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