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Wright v. St. Lawrence

The defendant's petition failed to allege any cognizable claim for habeas relief, since the defendant was granted bond but had failed to post.

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Pro se appellant Lafayette Wright appeals the dismissal of his pre-trial petition for the writ of habeas corpus. Finding no error, we affirm. It appears that Wright was arrested in November 2008 on various traffic-related charges including, inter alia, driving the wrong way on a one-way street, fleeing to elude a police officer, and violation of the habitual violator statute. He was denied bond at arraignment, and counsel was appointed to represent him. On March 27, 2009, bond was set in the amount of $5,000.

Three days after issuance of the bond order, Wright filed his petition for habeas corpus, alleging constitutional violations based on ineffective assistance or denial of counsel; failure to hold a commitment hearing; failure to set bond; and failure to afford due process. Appended to the habeas petition was a “Petition for Civil Action Pursuant to 42 U.S.C. § 1983,” setting forth claims of false imprisonment and unlawful detention and seeking damages against the Chatham County Detention Center and various officials. The trial court dismissed Wright’s petition, finding that the petition failed to allege any viable ground for pre-trial relief and that the § 1983 claims were not properly before it.

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