Thompson v. Telfair

SEARS, Chief Justice.

The appellant, Warden Dannie Thompson, appeals from the habeas court’s grant of relief to the appellee, Harry Telfair. Warden Thompson contends that the habeas court erred in granting relief without holding an evidentiary hearing. For the reasons that follow, we agree.

The habeas court ordered Warden Thompson to produce Telfair for an evidentiary hearing scheduled for April 20, 2005.1 Because the warden did not have Telfair present at the start of the hearing, the habeas court refused to hold an evidentiary hearing and entered an order granting Telfair relief. This Court,…