Thomas v. Freeman

NAHMIAS, Justice.

Shelton Thomas filed this pre-trial habeas action, raising numerous contentions about his pending prosecution for armed robbery, aggravated assault, and other crimes. The habeas court dismissed the habeas petition, ruling that, because Thomas’s conviction was not yet final, his habeas action was premature under the requirements of OCGA § 9-14-41 et seq. These “Article 2” habeas statutes, however, apply only to “persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court of record.” OCGA § 9-14-41 (emphasis supplied). They are…