Georgia Law Review, Vol. 8, No. 2 (Winter 1974), pp. 313-362


Because it has been esteemed in this state for centuries, the writ of habeas corpus has played a significant role in the history of Georgia civil liberties. Indeed, one Georgia court early state that "[w]hen the writ is applied for, no inquiry is made as to the complexion of the petitioner, or the place of his permanent allegiance. All of every condition, of every country and of every complexion are equally entitled to it, the native of South Africa, not less than the Peer of the Realms." In the first part of his Article, Professor Wilkes examines the origins of the writ of habeas corpus in Georgia, and traces its development as a post-conviction remedy to the passage of the 1967 Georgia Habeas Corpus Act.