Phagan v. State

HINES, Justice.

This Court granted Delma Cecil Phagan’s application for a certificate of probable cause to appeal an order of the Superior Court of Hall County denying Phagan’s petition for writ of habeas corpus on the basis that the petition was untimely filed. The issue is whether the statutory provisions that allow for the renewal of civil actions after dismissal, namely OCGA § 9-2-60 (b), (c) 1 and OCGA § 9-11-41 (e), 2 apply to habeas corpus actions. Concluding that they apply to the petition for a writ of habeas corpus in this case, we reverse and remand.

Phagan originally filed a…