Hogan v. Nagel

The majority holds that Nagel has the right to seek discharge by way of habeas corpus without first proceeding under OCGA § 17-7-131 (f). In my opinion, that holding is based upon an erroneous failure to apply the applicable rules of statutory construction and a misinterpretation of applicable authority. The practical effect of today’s decision is to make habeas corpus the exclusive remedy which will be used by an insanity acquittee to seek release from detention. If, as the majority now holds, such detainees have the unlimited option to select between habeas corpus relief and resort to the…