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Preer v. Johnson

The defendant's properly filed petition for habeas relief could be transferred to his new county of detention.

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The question in this case is whether a properly filed habeas corpus petition may be transferred to another county’s superior court when the petitioner is transferred to that county for detention. We hold that the habeas petition may be transferred so long as the petitioner’s transfer is not done to frustrate habeas relief. This Court affirmed Eric Preer’s convictions for malice murder and related crimes in 2002.1 On June 13, 2003, Preer filed a habeas corpus petition in Muscogee County, where he was incarcerated. Shortly thereafter, Preer was transferred to a Gwinnett County prison, and Preer’s habeas petition was transferred to Gwinnett County Superior Court over his objection. The Gwinnett County court approved the transfer, but granted Preer’s request for a certificate of immediate review. On June 30, 2004, this Court granted Preer’s application for interlocutory appeal.

1. OCGA § 9-14-43 provides that a “petition brought under this article must be filed in the superior court of the county in which the petitioner is being detained. The superior courts of such counties shall have exclusive jurisdiction of habeas corpus actions arising under this article.” As the Gwinnett County court correctly found, this statute is clear that a habeas petitioner must file in the county where he is presently detained, but is silent on what should happen to the petition if the petitioner is subsequently transferred to another county for detention. Contrary to Preer’s assertion, the “exclusive jurisdiction” language in the statute’s second sentence does not address this issue —it only means that superior courts, as opposed to other courts, have subject matter jurisdiction over habeas petitions.2

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