Mitchell v. Forrester

Clarke, Justice.

Petitioner filed a petition for writ of habeas corpus in the Superior Court of Hall County. The habeas court found that none of the allegations of the petition were supported by a record, an affidavit or other evidence as required by Code Ann. § 50-127 (2). There was no record presented of the hearing on his motion for new trial. Further, the habeas court found that there was no explanation for petitioner’s failure to make a timely appeal. Therefore, the habeas court found the petition defective on its face and denied and dismissed the petition.

We have granted petitioner’s…