The writ of certiorari shall lie from the Supreme Court to the Court of Appeals as provided by Article VI, Section VI, Paragraph V of the Constitution of this state.
(Orig. Code 1863, § 3957; Code 1868, § 3977; Code 1873, § 4049; Code 1882, § 4049; Civil Code 1895, § 4634; Civil Code 1910, § 5180; Code 1933, § 19-101; Ga. L. 1983, p. 3, § 47.)
Cross references.- Certiorari to the Court of Appeals, Rules of the Supreme Court of the State of Georgia, Rules 28 et seq.
Applications, how made, Rules of the Court of Appeals of the State of Georgia, Rule 16.
Law reviews.- For annual survey of domestic relations law, see 56 Mercer L. Rev. 221 (2004).
JUDICIAL DECISIONS
Habeas petition improperly granted.
- Writ of habeas corpus granted to a prisoner was reversed because the prisoner had presented the same issues raised in a habeas petition to the trial court and relief had been denied, and the prisoner's appeal of that decision was rejected by the appellate courts; the prisoner's claim was procedurally barred. Thompson v. Stinson, 279 Ga. 196, 611 S.E.2d 29 (2005).
Habeas petition was untimely.
- Because a state prisoner did not appeal a conviction to the state supreme court, the conviction became final ten days after the appellate court affirmed the conviction, and the prisoner was not entitled to seek certiorari review to the U.S. Supreme Court under 28 U.S.C. § 1257(a). Thus, the habeas petition was untimely under 28 U.S.C. § 2244(d)(1)(A); although the Georgia Constitution circumscribed review by the state supreme court, the state supreme court placed no limit on its certiorari jurisdiction under Ga. Const. 1983, Art. VI, O.C.G.A. § 5-6-15, and Ga. S. Ct. R. 40. Pugh v. Smith, 465 F.3d 1295 (11th Cir. 2006).
Cited in Daniels v. Commissioners of Pilotage, 147 Ga. 295, 93 S.E. 887 (1917); McDonald v. Georgia Fed'n of Labor, 178 Ga. 313, 173 S.E. 662 (1933); Gullatt v. Slaton, 189 Ga. 758, 8 S.E.2d 47 (1940); Butler v. City of Dublin, 191 Ga. 551, 13 S.E.2d 362 (1941); Murdock v. Perkins, 219 Ga. 756, 135 S.E.2d 869 (1964); Manning v. A.A.B. Corp., 223 Ga. 111, 153 S.E.2d 561 (1967); Sonesta Int'l Hotels Corp. v. Colony Square Co., 482 F.2d 281 (5th Cir. 1973); McClung v. Richardson, 232 Ga. 530, 207 S.E.2d 472 (1974); Shantha v. Municipal Court, 240 Ga. 280, 240 S.E.2d 32 (1977); Housworth v. Glisson, 485 F. Supp. 29 (N.D. Ga. 1978); Mulling v. Wilson, 245 Ga. 773, 267 S.E.2d 212 (1980); Board of Trustees v. Christy, 154 Ga. App. 488, 269 S.E.2d 33 (1980); City of Adairsville v. Barton, 159 Ga. App. 810, 285 S.E.2d 581 (1981); Jackson v. State, 286 Ga. 407, 688 S.E.2d 351 (2010).
RESEARCH REFERENCES
ALR.
- Propriety of certiorari to review decisions of public officer or board granting, denying, or revoking permit, certificate, or license required as condition of exercise of particular right or privilege, 102 A.L.R. 534.
Legislature's express denial of right of appeal as affecting right to review on the merits by certiorari or mandamus, 174 A.L.R. 194.