Boyd v. St. Lawrence

Sears, Chief Justice.

In this pre-trial habeas action, the appellant, Dick Boyd, contended that he was entitled to be released from custody because he had not been taken before a “judicial officer authorized to receive an affidavit and issue a warrant”1 within 48 hours of his warrantless arrest as required by OCGA § 17-4-62. Boyd, however, was indicted shortly after he brought his habeas action, thus rendering moot any question regarding whether he should have been brought before a *301neutral factfinder2 3under OCGA § 17-4-62.3 Accordingly, the trial court properly denied his petition for habeas…