Duncan v. Frazier

Hunstein, Chief Justice.

We granted Keith Duncan a certificate of probable cause to appeal the habeas court’s denial of his motion to transfer his habeas action. In the motion, Duncan sought transfer of his habeas petition to the superior court of the county to which Duncan had been transferred after properly filing his petition in his original county of detention. This case is directly controlled by our recent opinion in Wilkes v. Terry, 290 Ga. 54 (717 SE2d 644) (2011), which holds that a habeas court has the discretion, but generally is not required, to transfer a habeas petition in the…