Wilkes v. Terry

THOMPSON, Justice.

The issue in this case is whether a habeas court is required to transfer a properly filed petition for habeas corpus to another *55county’s superior court when the petitioner is transferred to that county for detention. We hold that while a habeas court may in its discretion transfer a habeas petition after the petitioner’s county of detention changes, transfer of the petition is not required in every case. See Preer v. Johnson, 279 Ga. 90 (610 SE2d 46) (2005).

Porter Wilkes was convicted in 2000 of burglary and sentenced as a recidivist to 20 years in prison. The Court of…