Preer v. Johnson

FLETCHER, Chief Justice.

The question in this case is whether a properly filed habeas corpus petition may be transferred to another county’s superior court when the petitioner is transferred to that county for detention. We *91hold that the habeas petition may be transferred so long as the petitioner’s transfer is not done to frustrate habeas relief.

This Court affirmed Eric Preer’s convictions for malice murder and related crimes in 2002.1 On June 13, 2003, Preer filed a habeas corpus petition in Muscogee County, where he was incarcerated. Shortly thereafter, Preer was transferred to a Gwinnett…