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Dennis v. Paxton

The defendant was arrested on a bench warrant that was regular on its face, after he failed to appear at a properly noticed hearing.

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This is an appeal by inmate James Dennis from an order of the Superior Court of Forsyth County denying his pre-conviction application for a writ of habeas corpus. Dennis appeals from the court’s order and finding no error, we affirm. Dennis was indicted by a Forsyth County grand jury on charges of identity fraud, first degree forgery and theft by taking. He failed to appear at an October 12, 2006 calendar call despite proper notice having being sent to his last known address. A bench warrant was issued for his arrest. See OCGA § 17-7-90. Dennis was arrested in March 2008 in Florida, and after extradition proceedings, he was returned to Forsyth County where he is incarcerated pending trial on the above charges. In April 2008 Dennis filed an application for writ of habeas corpus challenging the validity of the bench warrant, alleging that he did not receive notice of the October 12, 2006 calendar call and that he waived his right to be present at that hearing. He also argued that his incarceration is improper because the bench warrant was of no force and effect once he appeared in the trial court.

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