Supreme Court of Georgia, 2008

Perera v. Miller

Perera v. Miller
Supreme Court of Georgia · Decided June 2, 2008 · Sears
662 S.E.2d 544; 283 Ga. 583; 2008 Fulton County D. Rep. 1841; 2008 Ga. LEXIS 445 (South Eastern Reporter, Second Series)

Perera v. Miller

Opinion

SEARS, Chief Justice.

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. 1 For this reason, the habeas court did not err in dismissing Perera’s petition without an evidentiary hearing. 2

Judgment affirmed.

All the Justices concur.
1

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

2

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).

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