Heaton v. Lemacks

Fletcher, Presiding Justice.

Using a form developed by the Administrative Office of Courts, Charles Edward Heaton filed an application for writ of habeas corpus. The trial court found that Heaton did not verify his petition properly and dismissed the application. Because a state statute specifically requires the use of AOC forms in filing a habeas corpus petition and Heaton completed the proper AOC form, we reverse.

1. Heaton was incarcerated in the Clayton County jail when he filed this application and the habeas court denied it. Contrary to the state’s assertion, Heaton’s subsequent transfer…