Wilkes v. Terry

The majority’s holding that a habeas court has discretion to transfer or retain a habeas petition after the petitioner’s county of detention changes is directly contrary to longstanding precedent, including the sole case which it cites for its novel proposition. See Preer v. Johnson, 279 Ga. 90 (610 SE2d 46) (2005). Accordingly, I must respectfully dissent.

OCGA § 9-14-43 provides, in relevant part: “A petition brought under this article must be filed in the superior court of the county in which the petitioner is being detained. The superior courts of such counties shall have exclusive…