GA Code § 9-14-42 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 14 - Habeas Corpus|Article 2 - Procedure for Persons Under Sentence of State Court of Record|§ 9-14-42. Grounds for Writ; Waiver of Objection to Jury Composition

  Any person imprisoned by virtue of a sentence imposed by a state court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of this state may institute a proceeding under this article.   The right to object to the composition of the grand or trial jury will be deemed waived under this Code section unless the person challenging the sentence shows in the petition and satisfies the court that cause exists for his being allowed to pursue the objection after the conviction and sentence have otherwise become final.   Any action brought pursuant to this article shall be filed within one year in the case of a misdemeanor, except as otherwise provided in Code Section 40-13-33, or within four years in the case of a felony, other than one challenging a conviction for which a death sentence has been imposed or challenging a sentence of death, from:   The judgment of conviction becoming final by the conclusion of direct review or the expiration of the time for seeking such review; provided, however, that any person whose conviction has become final as of July 1, 2004, regardless of the date of conviction, shall have until July 1, 2005, in the case of a misdemeanor or until July 1, 2008, in the case of a felony to bring an action pursuant to this Code section;   The date on which an impediment to filing a petition which was created by state action in violation of the Constitution or laws of the United States or of this state is removed, if the petitioner was prevented from filing such state action;   The date on which the right asserted was initially recognized by the Supreme Court of the United States or the Supreme Court of Georgia, if that right was newly recognized by said courts and made retroactively applicable to cases on collateral review; or   The date on which the facts supporting the claims presented could have been discovered through the exercise of due diligence.     At the time of sentencing, the court shall inform the defendant of the periods of limitation set forth in subsection (c) of this Code section.    (Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3; Ga. L. 1975, p. 1143, § 1; Ga. L. 1982, p. 786, §§ 1, 3; Ga. L. 1984, p. 22, § 9; Ga. L. 2004, p. 917, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2004, in paragraph (c)(1), "July 1, 2004" was substituted for "the effective date of this Code section", "until July 1, 2005," was substituted for "from the effective date of this Code section one year", and "until July 1, 2008," was substituted for "four years".   Editor's notes.   - Ga. L. 1982, p. 786, § 5, not codified by the General Assembly, declared that that Act is inapplicable to habeas corpus petitions filed prior to January 1, 1983.   Law reviews.   - For survey of 1986 Eleventh Circuit cases on constitutional criminal procedure, see 38 Mercer L. Rev. 1141 (1987). For note, "Seen But Not Heard: An Argument for Granting Evidentiary Hearings to Weigh the Credibility of Recanted Testimony," see 46 Ga. L. Rev. 213 (2011).   JUDICIAL DECISIONS   ANALYSIS    In General   Composition of Grand or Trial Juries   Effective Assistance of Counsel    RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Habeas Corpus and Postconviction Remedies, §§ 99, 142, 143.   C.J.S.   - 39A C.J.S., Habeas Corpus, § 283.   ALR.    - Habeas corpus to test constitutionality of ordinance under which petitioner is held, 32 A.L.R. 1054.    Habeas corpus in case of sentence which is excessive because imposing both fine and imprisonment, 49 A.L.R. 494.    Power to grant writ of habeas corpus pending appeal from conviction, 52 A.L.R. 876.    Habeas corpus to test the sufficiency of indictment or information as regards the offense sought to be charged, 57 A.L.R. 85.    Illegal or erroneous sentence as ground for habeas corpus, 76 A.L.R. 468.    Bar of limitations as proper subject of investigation in extradition proceedings or in habeas corpus proceedings for release of one sought to be extradited, 77 A.L.R. 902.    Remedy of one convicted of crime while insane, 121 A.L.R. 267.    Disqualification of judge who presided at trial or of juror as ground of habeas corpus, 124 A.L.R. 1079.    Failure to examine witnesses to determine degree of guilt before pronouncing sentence upon plea of guilty as ground for habeas corpus, 134 A.L.R. 968.    Change of judicial decision as ground of habeas corpus for release of one held upon previous adjudication or conviction of contempt, 136 A.L.R. 1032.    Relief in habeas corpus for violation of accused's right to assistance of counsel, 146 A.L.R. 369.    Habeas corpus as remedy where one is convicted, upon plea of guilty or after trial, of offense other than one charged in indictment or information, 154 A.L.R. 1135.    Habeas corpus on ground of unlawful treatment of prisoner lawfully in custody, 155 A.L.R. 145.    Habeas corpus on ground of defective title to office of judge, prosecuting attorney, or other officer participating in petitioner's trial or confinement, 158 A.L.R. 529.    Invalidity of prior conviction or sentence as ground of habeas corpus where one is sentenced as second offender, 171 A.L.R. 541.   Former jeopardy as ground for habeas corpus, 8 A.L.R.2d 285.   Habeas corpus on ground of deprivation of right to appeal, 19 A.L.R.2d 789.   Insanity of accused at time of commission of offense, not raised at trial, as ground for habeas corpus or coram nobis after conviction, 29 A.L.R.2d 703.   When is a person in custody of governmental authorities for purpose of exercise of state remedy of habeas corpus - modern cases, 26 A.L.R.4th 455.   Ineffective assistance of counsel: use or nonuse of interpreter at prosecution of foreign language speaking defendant, 79 A.L.R.4th 1102.