Supreme Court of Georgia, 2003

State v. Colack

State v. Colack
Supreme Court of Georgia · Decided March 27, 2003 · Sears
276 Ga. 396; 578 S.E.2d 893; 2003 Fulton County D. Rep. 1115; 2003 Ga. LEXIS 315; 2003 WL 1566506

State v. Colack

Opinion of the Court

Sears, Presiding Justice.

Because the habeas court improperly granted relief to Colack before the habeas petition was served on the State and without the benefit of a hearing on the merits of the petition, the habeas court’s judgment is reversed and the case is remanded to the habeas court for a full hearing.*

Judgment reversed.

All the Justices concur.

See Gaither v. Gibby, 267 Ga. 96, 97 (475 SE2d 603) (1996).

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