Legal Opinion · Dissent

Alderman v. Head

Supreme Court of Georgia

Decided January 10, 2002No. S00R0971Published

1DissentCarley, Justice

Because Alderman seeks to appeal from the denial of his petition *762for a writ of habeas corpus, he must comply with OCGA § 9-14-52. Under that statute, the invocation of this Court’s jurisdiction requires the timely filing of both a notice of appeal and an application for a certificate of probable cause. Fullwood v. Sivley, 271 Ga. 248, 250 (517 SE2d 511) (1999). Petitioner did not satisfy the statutory mandate and, thus, this Court has no jurisdiction to consider the appeal. The majority, however, chooses to ignore its lack of jurisdiction, and disposes of the case on the merits. In my…

2Cases cited9 opinions

  1. Rowland v. StateSupreme Court of Georgia · 1995
  2. Alderman v. StateSupreme Court of Georgia · 1978
  3. Gibson v. TurpinSupreme Court of Georgia · 1999
  4. Alderman v. StateSupreme Court of Georgia · 1985
  5. Fullwood v. SivleySupreme Court of Georgia · 1999

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