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Myers v. St. Lawrence

When an underlying criminal matter is still pending, ineffective assistance of counsel allegations cannot form the basis for a pre-trial petition for habeas corpus.

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Pro se appellant James K. Myers appeals the denial of his pre-trial petition for a writ of habeas corpus. For the reasons that follow, we affirm. Myers was indicted on charges of aggravated assault, obstruction of a law enforcement officer, criminal damage to property, and simple battery against a pregnant person. The trial court denied a pre-trial bond,1 finding that Myers posed: a significant flight risk; a significant threat to persons, the community, or property; a significant risk for committing a felony pending trial; and a significant risk for intimidating witnesses. The court also noted that Myers had a lengthy history of felonies2 and had previously been a fugitive from justice. While awaiting trial, Myers filed a petition for a writ of habeas corpus, contending that his detention without bail was illegal, and that his counsel was ineffective. After a hearing, the habeas court denied the petition.

1. Myers has been charged with felonies and, thus, he is not entitled to bail as a matter of right. Constantino v. Warren, 285 Ga. 851, 853 1 684 SE2d 601 2009. Rather, whether he should have been released on bail is governed by OCGA § 17-6-1 e, which provides as follows: A court shall be authorized to release a person on bail if the court finds that the person: 1 Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; 2 Poses no significant threat or danger to any person, to the community, or to any property in the community; 3 Poses no significant risk of committing any felony pending trial; and 4 Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. The conjunctive “and” indicates that the trial court may grant bail only if it finds that none of the four risks exists. Id. at 853-854 2.

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