Lillard v. Head

Thompson, Justice.

The question in this case is whether the Great Writ is available where a prisoner is unlawfully confined beyond the term of his sentence. We hold that it is.

Charles Lillard petitioned for a writ of habeas corpus asserting that he is being detained by the State even though he has fully served his sentence. The State argued at the habeas hearing that Lillard’s claim was not cognizable in a habeas corpus proceeding. The habeas court agreed and dismissed Lillard’s petition.1 Lillard seeks a certificate of probable cause.

In Manville v. Hampton, 266 Ga. 857 (471 SE2d 872) (1996),…