Smith v. Garner

Ingram, Justice.

The Superior Court of Floyd County granted a summary judgment, on motion of the State Board of Corrections, denying habeas corpus relief to. appellant and this court granted an application to review that decision. The summary judgment against appellant was based on two grounds: (1) the Superior Court in Floyd County lacked jurisdiction and venue in the case; and (2) the grounds of the present habeas corpus action, attacking sentences imposed in Floyd County, could have been raised in an earlier habeas corpus proceeding brought by appellant in another county where he was then…