Willis v. Price

Marshall, Chief Justice.

Although “none of our cases hold[s] that a habeas corpus court lacks the authority to appoint counsel for an indigent habeas petitioner in the exercise of its discretion” (State of Ga. v. Davis, 246 Ga. 200, 202 (269 SE2d 461) (1980), Hill, J., dissenting; and see Sims v. Caldwell, 231 Ga. 377, 378-381 (202 SE2d 70) (1973), Gunter, J., dissenting), “we know of no statute, case, or constitutional provision which would permit a trial judge to appoint counsel to a habeas petitioner, to be paid out of state or county funds.” (Emphasis supplied.) State of Ga. v. Davis,…