Sentencing and release
Repealing Georgia's habeas deadline: the evidence on floodgates, the 2004 Act, no-deadline states, victims, and developments since September 2026
Evidence on repealing Georgia's habeas deadline: floodgates, the 2004 Act, states with no deadline, victims, and recent developments.
Where this research is used
This page is a research collection: individual facts drawn from the sources listed further down, each traced to where it came from. A research topic brings many collections together into one overview of an issue. The facts on this page feed these 4 topics; open one to see how they fit with the rest of the evidence.
Legal Standards & Case Law
Georgia's prison-conditions litigation runs through a small set of Supreme Court and Eleventh Circuit decisions that set an unusually demanding bar: a plaintiff must prove both an objectively serious deprivation and that officials actually knew of and disregarded it. This page traces that doctrine from Estelle v. Gamble (1976) through Farmer v. Brennan (1994) and the Eleventh Circuit's 2024 en banc reset in Wade v. McDade, then sets it against Georgia's own record — Guthrie, Cason, the Gumm solitary-confinement settlement and its 2024 contempt finding, and the Justice Department's October 2024 conclusion that Georgia's prisons violate the Eighth Amendment. It closes with the people in GPS's death registry whose deaths sit directly on that doctrine.
11,676 data points
Oversight & Accountability
Georgia runs one of the nation's largest prison systems with no independent body empowered to inspect it, no ombudsman outside the Department of Corrections, and no public reporting requirement attached to the $600 million it has been voted for prison spending. A six-year federal civil rights investigation found constitutional violations across the system in October 2024 and recommended 82 remedial measures; more than 230 days after its 49-day litigation deadline expired, no one had been arrested, fired, or sued as a result. What remains is a closed loop in which the department investigates its own deaths, codes its own mortality data, disciplines — or does not discipline — its own staff, and classifies its investigative files as confidential state secrets.
20,251 data points
Parole & Sentencing
Georgia's parole system is a discretionary clemency power, not a release schedule, and the record shows it has become steadily stingier: the lifer grant rate fell from 21.9 percent in fiscal years 2001–2006 to 5.8 percent in fiscal years 2022–2025, and overall parole releases dropped 42 percent between fiscal years 2019 and 2024. Meanwhile the statutory floor for parole eligibility for the state's most serious offenses rose from seven years to fourteen and then to thirty, and average time served on a life sentence climbed from under nine years in 1973 to 29.6 years in fiscal year 2025. The consequence is a growing population of aging, parole-eligible people who remain incarcerated while more than half of all releases now come at the expiration of a sentence rather than through the parole board.
15,260 data points
Policy & Advocacy
Georgia has passed criminal justice reform in bursts — 2012, 2017, 2025 — while repeatedly declining the structural changes that its own study committees and the U.S. Department of Justice identified as necessary. This page maps the enacted record, the proposals GPS and allied advocates have advanced, the cost models attached to them, and the 2026 electoral field, using the figures each source actually reports.
8,846 data points
Key Findings
The most impactful data from this research collection. Tap a card for the full finding and its source.
The finding
The statute of limitations enacted in Georgia's 2004 habeas statute is patterned after and worded nearly identically to the federal statute of limitations on habeas corpus proceedings by state prisoners added by the Antiterrorism and Effective Death Penalty Act of 1996, except that the federal time limitation period is one year for all offenses.
The finding
Donald Wilkes predicted that given the trend of habeas legislation in Georgia and in other states, it was very likely that within a few years the four-year statute of limitations would be shortened, and within a decade the limitations period may be reduced to one year or less.
The finding
Under O.C.G.A. § 9-14-42(c)(1), a person convicted of a felony before July 1, 2004, was required to file a petition for writ of habeas corpus on or before July 1, 2008, absent exceptions.
The finding
Georgia Supreme Court Chief Justice Nels Peterson wrote in an opinion issued earlier in the year, 'In short, the system is broken. We did a lot of the breaking. But it will require legislative action to fix it.'
The finding
The resolution's whereas clauses quote a concurring opinion by Chief Justice Nels Peterson stating of Georgia's post-conviction litigation system that it 'is broken. We did a lot of the breaking. But it will require legislative action to fix it.'
Source
The finding
The American Bar Association's Criminal Justice Standards on Post-Conviction Remedies state, as Standard 22-2.4(a): 'A specific time period as a statute of limitations to bar post-conviction review of criminal convictions is unsound.'
The finding
Habeas corpus dispositions in Georgia Superior Courts (956 in 2024, 943 in 2025) exceeded filings (896 in 2024, 924 in 2025), indicating a clearing of backlog in those years.
Source
All Data Points
168 verified data points extracted from primary sources.
Georgia Supreme Court habeas corpus applications filed in 1993 Statistic
The Annual report on the work of the Georgia Courts, 1994, reports 122 habeas corpus applications filed with the Georgia Supreme Court in 1993, within a total of 1,938 filings across all categories.
122 applications
O.C.G.A. § 17-17-14 victim notification requirement extends through post-conviction process Legal fact
Georgia law requires a victim who wants notification to keep the prosecuting attorney informed of a current address and phone number 'until final disposition or completion of the appellate and post-conviction process, whichever occurs later.'
Georgia 2004 habeas statute codified at O.C.G.A. §§ 9-14-42(c),(d) and 9-14-48(e) Legal fact
The 2004 Georgia statute restricting habeas corpus is codified at 2004 Ga. Laws 917, sections 1 and 3, codified at O.C.G.A. §§ 9-14-42(c), (d) and 9-14-48(e).
Illinois allows actual-innocence post-conviction petition within reasonable time Legal fact
Illinois' Post-Conviction Hearing Act, 725 ILCS 5/122-1(a-5), provides that a proceeding alleging actual innocence may be commenced within a reasonable period of time after conviction notwithstanding any other provisions of the Article.
Source
NYC Bar: 440 motions filed in 2.4% of assigned cases, 2005-2009 Statistic
A New York City Bar Association committee report states that over the five years 2005-2009, a CPL Article 440 post-conviction motion was filed in only 2.4% of the criminal appeals cases assigned to the institutional defender providers it examined.
2.4%
No match for habeas limitation terms in Georgia Supreme Court opinion s26a0938 Data gap
A search of the Supreme Court of Georgia opinion s26a0938 (retrieved 2026-11-02) for the terms "9-14-42", "limitation", and "statute of limitation" returned no match. This indicates the opinion does not address the habeas filing deadline statute by those terms.
Georgia Superior Courts habeas corpus cases disposed 2021-2025 Statistic
Georgia Superior Courts disposed of 606 habeas corpus cases in 2021, 708 in 2022, 742 in 2023, 956 in 2024, and 943 in 2025, per the AOC Superior Court caseload dashboard.
3,955 cases disposed (2021-2025 total)
Source
Georgia Supreme Court habeas corpus applications filed in 1992 Statistic
The Annual report on the work of the Georgia Courts, 1994, reports 117 habeas corpus applications filed with the Georgia Supreme Court in 1992, within a total of 1,784 filings across all categories.
117 applications
Abrams v. Laughlin: four-year window for new-right habeas claims Legal fact
The Georgia Supreme Court held in Abrams v. Laughlin that if the Court decides a case recognizing a new right, 'a convicted felon not sentenced to death seeking to assert that right will have four years from this Court's decision within which to file his habeas petition.'
2004 Georgia habeas statute set July 1, 2005 (misdemeanor) and July 1, 2008 (felony) deadlines for pre-2004 convictions Legal fact
The 2004 Georgia habeas corpus statute provided that any person whose conviction became final as of July 1, 2004, regardless of the date of conviction, had until July 1, 2005 in the case of a misdemeanor or until July 1, 2008 in the case of a felony to bring a habeas action.
Indiana victim right to be heard at postconviction release decisions Legal fact
Indiana Code § 35-40-5-5 gives a crime victim the right to be heard at any proceeding involving sentencing, a postconviction release decision, or a pre-conviction release decision under a forensic diversion program.
Rhode Island post-conviction application may be filed at any time Legal fact
Rhode Island's post-conviction remedy statute, R.I. Gen. Laws § 10-9.1-3, states that an application may be filed at any time, with no filing deadline.
No match for habeas limitation terms in Georgia Supreme Court opinion s26a1000 Data gap
A search of the Supreme Court of Georgia opinion s26a1000 (retrieved 2026-11-02) for the terms "9-14-42", "limitation", and "statute of limitation" returned no match. This indicates the opinion does not address the habeas filing deadline statute by those terms.
Georgia Superior Courts habeas corpus cases filed 2021-2025 Statistic
Statewide Habeas Corpus case filings in Georgia Superior Courts were 807 in 2021, 896 in 2022, 904 in 2023, 896 in 2024, and 924 in 2025, totaling 4,427 over the five years (807+896+904+896+924).
4,427 cases filed (2021-2025 total)
Source
O.C.G.A. § 9-14-42 amended by 2004 Act Legal fact
The history note of O.C.G.A. § 9-14-42 lists it as amended by Ga. L. 2004, p. 917, § 1, among other amending acts.
Abrams v. Laughlin: petition untimely under all § 9-14-42(c) paragraphs Legal fact
In Abrams v. Laughlin the Georgia Supreme Court held Abrams's habeas petition was not timely under any paragraph of O.C.G.A. § 9-14-42(c) and affirmed dismissal, concluding 'the habeas court correctly dismissed the petition as untimely.'
Georgia's 2004 habeas limitations period patterned on AEDPA but four years for felonies vs. one year federally Legal fact
The statute of limitations enacted in Georgia's 2004 habeas statute is patterned after and worded nearly identically to the federal statute of limitations on habeas corpus proceedings by state prisoners added by the Antiterrorism and Effective Death Penalty Act of 1996, except that the federal time limitation period is one year for all offenses.
NDAA standard on collateral review conduct Legal fact
The National District Attorneys Association's National Prosecution Standards (3rd Edition), Standard 8-1.6 'Collateral Review,' states that the prosecutor shall not assert or contest an issue on collateral review unless there is a basis in law and fact for doing so, and the basis should not be frivolous and may include good faith arguments for extension, modification or reversal of existing law.
Rhode Island victim notice tied to parole-board petitions, not habeas Legal fact
Rhode Island's victim-notification provision, R.I. Gen. Laws § 12-28-6(a), requires the parole board to notify the victim of the pendency of proceedings before the board on an inmate's petition for parole; the provision is specific to parole-board petitions rather than to habeas corpus or post-conviction-relief litigation.
Grace period for habeas petitions under O.C.G.A. § 9-14-42(c)(1) Legal fact
O.C.G.A. § 9-14-42(c)(1) provides that any person whose felony conviction became final as of July 1, 2004, has until July 1, 2008, to bring a habeas action; for misdemeanor convictions final as of that date, the deadline is July 1, 2005.
Abrams v. Laughlin: transitional deadlines for pre-2004 convictions Legal fact
In Abrams v. Laughlin, the Georgia Supreme Court noted that Georgia's habeas deadline statute was enacted with a one-year period for misdemeanors and a four-year period for felonies, with transitional dates: 'any person whose conviction has become final as of July 1, 2004, regardless of the date of conviction, shall have until July 1, 2005, in the case of a misdemeanor or until July 1, 2008, in the case of a felony to bring an action.'
Pre-2004 Georgia convictions: limitations began July 1, 2004 (four years felony, one year misdemeanor) Legal fact
Under Georgia's 2004 habeas statute, for persons whose convictions occurred before passage of the statute, the limitations periods began to run on July 1, 2004 (the statute's effective date), with a person convicted of a felony having four years, until July 1, 2008, and a person convicted of a misdemeanor having one year, until July 1, 2005, to file the habeas petition.
Indiana statewide post-conviction relief filings 2024 Statistic
Indiana's statewide post-conviction relief (PC) case filings totaled 281 in 2024, all in Circuit, Superior & Probate courts.
281 filings
South Carolina enacted one-year PCR limitations period in 1995 Legal fact
South Carolina's legislature enacted a statute of limitations for post-conviction relief (PCR) actions in 1995, requiring that a PCR application be filed within one year after entry of a judgment of conviction, or within one year of final disposition on direct appeal under other exceptions.
No statute of limitations or finality discussion in NDAA national prosecution standards Data gap
A search of the National District Attorneys Association National Prosecution Standards (3rd ed., with revised commentary) for "statute of limitations", "time limit", and "finality" returned no match. This indicates the NDAA standards document does not address postconviction filing deadlines under those terms.
Georgia Supreme Court habeas corpus applications filed 1986-1987 Statistic
A table titled 'Supreme Court Caseload: 1986 and 1987 (Docket entries)' reports Habeas corpus applications filed with the Georgia Supreme Court as 158 in 1986 and 203 in 1987.
203 habeas applications filed (1987) vs. 158 habeas applications filed (1986)
Georgia Supreme Court: 2004 amendment added statute of limitations after Massaline Legal fact
In Roberts v. Cooper, the Supreme Court of Georgia stated that after its 2001 Massaline decision, the General Assembly in 2004 amended OCGA § 9-14-42 to add subsection (c), providing a period of limitation for filing an initial habeas petition.
Georgia superior court total cases filed 2021-2025 Statistic
The Georgia AOC's Superior Court Dashboard (Power BI) offers Year filter values of only 2021, 2022, 2023, 2024, and 2025, with total statewide superior court cases filed of 323,640 in 2021, 317,201 in 2022, 335,376 in 2023, 334,606 in 2024, and 344,422 in 2025 (all case categories combined).
344,422 cases filed vs. 323,640 2021 cases filed
Wilkes predicted Georgia's four-year habeas limitations period would be shortened, possibly to one year or less Finding
Donald Wilkes predicted that given the trend of habeas legislation in Georgia and in other states, it was very likely that within a few years the four-year statute of limitations would be shortened, and within a decade the limitations period may be reduced to one year or less.
Indiana post-conviction case filings trend 2015-2024 Trend
Statewide Indiana courts recorded new Post-Conviction case filings of 1,035 in 2015, 1,068 in 2016, 1,000 in 2017, 961 in 2018, 948 in 2019, 870 in 2020, 721 in 2021, 792 in 2022, 829 in 2023, and 919 in 2024.
Vermont civil division: 47 new habeas filings statewide Statistic
Vermont's civil division had 47 new habeas corpus filings statewide, per the Vermont Judiciary statewide statistics table.
47 filings
No postconviction or gatekeeper data in Massachusetts SJC case statistics Data gap
A search of the Massachusetts Supreme Judicial Court case statistics page (retrieved 2026-11-02) for "Rule 30", "Gatekeeper", "Postconviction", and "New Trial" returned no match. This indicates the SJC statistics page does not break out postconviction or gatekeeper filings under those terms.
Georgia Supreme Court habeas corpus filings 2006-2008 Statistic
The Georgia Supreme Court's 'Cases Filed' table shows Habeas Corpus filings of 48 in 2006, 48 in 2007, and 46 in 2008.
46 habeas corpus filings (2008) vs. 48 habeas corpus filings (2006 and 2007)
Felony convictions before July 1, 2004 required habeas filing by July 1, 2008 Legal fact
Under O.C.G.A. § 9-14-42(c)(1), a person convicted of a felony before July 1, 2004, was required to file a petition for writ of habeas corpus on or before July 1, 2008, absent exceptions.
Chief Justice Peterson: 'the system is broken' Finding
Georgia Supreme Court Chief Justice Nels Peterson wrote in an opinion issued earlier in the year, 'In short, the system is broken. We did a lot of the breaking. But it will require legislative action to fix it.'
Georgia AOC defines 'Habeas Corpus' case type as testing legality of detention, not guilt or innocence Methodology note
Georgia's Administrative Office of the Courts defines the 'Habeas Corpus' case-type category in its civil caseload statistical reporting guide as any case designed to test the legality of the detention or imprisonment of an individual, not the question of guilt or innocence.
Indiana post-conviction rule allows filing at any time Legal fact
Indiana's Post-Conviction Rule allows a person claiming listed grounds for relief to institute a post-conviction proceeding at any time.
Vermont civil division: 79 new post-conviction relief filings statewide Statistic
Vermont's civil division had 79 new post-conviction relief filings statewide, per the Vermont Judiciary statewide statistics table.
79 filings
No postconviction filings category in Massachusetts Trial Court FY2024 Tableau dashboard Data gap
A search of the Massachusetts Trial Court FY2024 Year-End Case Filings Tableau dashboard (retrieved 2026-11-02) for "Postconviction", "Post-Conviction", and "Rule 30" returned no match. This indicates the dashboard does not expose postconviction filings as a searchable category.
Georgia Supreme Court habeas corpus applications disposed 2006-2008 Statistic
The Georgia Supreme Court's 'Cases Disposed' table shows Habeas Corpus Applications: Granted 44 (2006), 44 (2007), 22 (2008); Denied 383 (2006), 309 (2007), 257 (2008); Dismissed 100 (2006), 57 (2007), 56 (2008); Other 12 (2006), 32 (2007), 4 (2008).
22 habeas applications granted (2008) vs. 44 habeas applications granted (2006 and 2007)
Georgia Law Review: 2004 legislature gave grace period aware of consequences Finding
A Georgia Law Review article states that in 2004 the General Assembly, when it imposed a statute of limitations on habeas petitions, gave a grace period because it was aware of the consequences of curtailing post-conviction relief.
Supreme Court habeas dispositions 2006-2007 Statistic
In the FY2008 Judicial Council/AOC Supplemental Caseload Report, the Supreme Court of Georgia's Habeas Corpus Applications (a Supreme Court disposition category, distinct from superior court filings) were Granted 44 in 2006 and 44 in 2007, Denied 383 in 2006 and 309 in 2007, and Dismissed 100 in 2006 and 57 in 2007.
383 denied vs. 309 denied in 2007
Study: habeas filing rate per prisoner in 2000 no lower than before AEDPA successive petition bar Finding
The King, Cheesman & Ostrom federal habeas litigation study states that 'the only study to examine the habeas filing rate per prisoner before and after the enactment of AEDPA found that rate in 2000 was no lower than it was before the passage of the successive petition bar in AEDPA.'
Indiana victim notification of appellate/post-conviction status Legal fact
Indiana law requires that if a person convicted of a crime against the victim seeks appellate review or attacks the person's conviction or sentence, the prosecuting attorney or the attorney general's office shall inform the victim, upon request, of the status of the case and of the decision of the court.
Vermont post-conviction relief may be sought at any time Legal fact
Vermont's post-conviction relief statute, 13 V.S.A. § 7131, allows a prisoner to move to vacate, set aside or correct the sentence at any time, with no filing deadline stated.
No postconviction disposition category in circuit court caseload statistics Data gap
A search of the Caseload Statistics Circuit Court Report visualization (retrieved 2026-11-02) for "974.06", "Postconviction", "Post-Conviction", and "Post Conviction" returned no match. This indicates the circuit court disposition data does not categorize postconviction motions under those terms.
Georgia Supreme Court new cases July 2024-June 2025 Statistic
In its FY2025 annual report, the Judicial Council of Georgia/AOC describes the Supreme Court of Georgia's workload as taking in more than 1,490 new cases between July 2024 and June 2025, including direct and cross appeals, petitions for certiorari, discretionary and interlocutory appeals, death penalty habeas cases, and lawyer disciplinary matters, without reporting a separate count of certificate-of-probable-cause habeas applications.
1,490 new cases (minimum)
Georgia Supreme Court habeas corpus applications disposed in 2011 Statistic
The Supreme Court of Georgia disposed of habeas corpus applications in 2011 as follows: Death Penalty 5, Granted 13, Denied 264, Dismissed 68, Other 7.
Superior Court civil filings lack separate habeas category (2007) Data gap
The FY2008 Judicial Council of Georgia / AOC Supplemental Caseload Report's Superior Court Caseload table for Calendar Year 2007 breaks civil filings into only two categories, General Civil and Domestic Relations, with no separate Habeas Corpus line.
Calderon v. Thompson: state finality interests compelling after appellate mandate denying habeas relief Legal fact
In Calderon v. Thompson, the U.S. Supreme Court stated that 'A State's interests in finality are compelling when a federal court of appeals issues a mandate denying federal habeas relief' and that at that point, having borne 'the significant costs of federal habeas review,' the State is entitled to the assurance of finality.
Louisiana fiscal note on death-row post-conviction deadline repeal Finding
A Louisiana fiscal note stated that due to the bill's time constraints, the bill may result in an indeterminable increase in the workload of the various public defenders representing death row inmates because it requires death penalty defendants to file for post-conviction relief within 2 years by removing the exception to the time period.
Vermont Supreme Court FY2022: 2 PCR appeals filed, 6 pending at start, 6 decided, 2 pending at end Statistic
The Vermont Supreme Court's FY 2022 statistics show 2 Post Conviction Relief Appeal cases filed, with 6 pending at the beginning of the fiscal year, 6 decided, and 2 pending at the end of FY 2022.
2 cases filed
O.C.G.A. § 9-14-42(c) enacted in 2004 Legal fact
O.C.G.A. § 9-14-42(c), which prescribes the statute of limitations for state habeas corpus actions in Georgia, was added to Georgia's habeas corpus statutes by Ga. L. 2004, p. 917, § 1.
Georgia Supreme Court habeas corpus applications disposed in 2012 Statistic
The Supreme Court of Georgia disposed of habeas corpus applications in 2012 as follows: Death Penalty 6, Granted 9, Denied 263, Other 6.
AOC annual caseload statistics published separately in Research Review (FY2000) Methodology note
The FY2000 Judicial Council of Georgia/AOC Annual Report states that annual caseload statistics for Georgia's appellate and trial courts are published in a separate publication called Research Review rather than in the Annual Report itself.
Source
Calderon v. Thompson: habeas limits reflect respect for state interest in finality of convictions surviving direct review Legal fact
Calderon v. Thompson states that limits on federal habeas relief 'reflect our enduring respect for the State's interest in the finality of convictions that have survived direct review within the state court system.'
Louisiana present law exempted death-sentenced persons from two-year deadline Legal fact
A Louisiana legislative fiscal note stated that present law exempted death-sentenced persons from the state's two-year post-conviction relief filing deadline, and that the proposed law would repeal that exception.
Vermont FY2024 Prisoner case category incoming caseload: 500 Statistic
Vermont's FY2024 Civil Division incoming caseload statewide total for the Prisoner case category, which includes Habeas Corpus, Post Conviction Relief, Review of Governmental Action, and Other prisoner cases, was 500.
500 cases
Georgia habeas limitations statute mirrors federal AEDPA Legal fact
The Supreme Court of Georgia held in Stubbs v. Hall that O.C.G.A. § 9-14-42(c) 'closely mirrors 28 USC § 2244 (d) (1), which was enacted in 1996, and establishes the statute of limitations for persons in custody "pursuant to the judgment of a State court" to file a federal petition for habeas corpus.'
Georgia Supreme Court habeas corpus applications for appeal in 2011 and 2012 Statistic
The Supreme Court of Georgia's 'Applications for Appeal' in the 'Habeas Corpus' category numbered 360 in 2011 and 313 in 2012.
Harris v. Reed: federal habeas review disturbs state interest in repose and intrudes on state sovereignty Legal fact
The U.S. Supreme Court has stated that federal habeas review 'disturbs the State's significant interest in repose for concluded litigation, denies society the right to punish some admitted offenders, and intrudes on state sovereignty to a degree matched by few exercises of federal judicial authority.'
National habeas caseload trends 2018-2022 Trend
In the 19 states with comparable data, Habeas Corpus caseloads increased by 8% in 2019 and surged by 42% in 2020, with the 2020 spike largely driven by Maryland, which accounted for nearly a third of that year's total caseload; by 2022, incoming cases still exceeded 2018 levels by 14%.
Vermont victim-notification statute covers release events, not habeas Legal fact
Vermont's victim-notification statute, 13 V.S.A. § 5305, gives victims and affected persons the right to request notification by the agency having custody of the defendant before release, including release on bail or conditions of release, furlough, or other community program, upon termination or discharge from probation, or whenever the defendant escapes, is recaptured, dies, or receives a pardon or commutation of sentence; it does not mention post-conviction or habeas corpus proceedings.
Court of Appeals lacks original jurisdiction over habeas cases Legal fact
The Court of Appeals of Georgia has statewide appellate jurisdiction over all cases except constitutional questions, murder, and habeas corpus cases, where original appellate jurisdiction lies with the Supreme Court of Georgia.
Georgia Supreme Court FY2013 report: no separate habeas line under Cases Filed Methodology note
The Georgia Supreme Court's FY2013 Annual Report's 'Cases Filed' table reports 'Direct Appeals' as a single combined total of 477 and 471, with no separate Habeas Corpus line item under that heading; 'Habeas Corpus' appears only as a line item under the separate 'Applications for Appeal' heading.
Supreme Court habeas corpus filings 1994-1995 Statistic
An Annual Report on the Work of the Georgia Courts' Supreme Court Caseload table for 1994 and 1995 shows Applications for appeal, Habeas corpus filed of 202 in 1994 and 277 in 1995.
277 filings vs. 202 1994 filings
AEDPA titled 'An Act To deter terrorism, provide justice for victims...' with 'TITLE II, JUSTICE FOR VICTIMS' Legal fact
The Antiterrorism and Effective Death Penalty Act, which imposed the federal one-year habeas statute of limitations, is titled on its face 'An Act To deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes,' and contains a 'TITLE II, JUSTICE FOR VICTIMS' subtitle.
Massachusetts new trial at any time if justice not done Legal fact
Under Massachusetts' rule on postconviction relief, a trial judge, upon written motion, may grant a new trial at any time if it appears that justice may not have been done.
Habeas corpus defined as General Civil case type in Georgia courts Legal fact
The Judicial Council of Georgia AOC's Georgia Court Guide to Statistical Reporting defines 'Habeas Corpus' as a General Civil case type in Superior Court: 'Any case designed to test the legality of the detention or imprisonment of an individual, not the question of guilt or innocence.'
Probate court habeas corpus civil filings in 2011 and 2012 Statistic
The Georgia Judicial Council's 40th Annual Report (FY13) reports Probate Court Habeas Corpus civil filings of 9 in 2011 and 36 in 2012.
State's rationale for § 9-14-42(c): lost evidence and diminished retrial fairness Legal fact
The Georgia Supreme Court recorded the State's argument that the legislative intent of O.C.G.A. § 9-14-42(c) was to prevent prisoners from challenging a conviction from the distant past because evidence is lost and the chances for a fair retrial are diminished.
Steven J. Twist testimony: Arizona Constitution gives victims right to 'prompt and final conclusion' after conviction Finding
Steven J. Twist, general counsel for the National Victims' Constitutional Amendment Network, told a House Judiciary subcommittee that 'The Arizona Constitution has given crime victims a right to both 'a speedy trial or disposition' and a 'prompt and final conclusion of the case after the conviction and sentence,'' and that the proposed federal victims' rights amendment would let courts 'balance the legitimate rights of the defendant to effective counsel and due process, with the rights of the victim to some reasonable finality'
Massachusetts right to file motion to correct sentence at any time Legal fact
Under Massachusetts' rule on postconviction relief, any person imprisoned or restrained pursuant to a criminal conviction may at any time, as of right, file a written motion to correct an unlawful sentence or confinement.
Washington RCW 10.73.100 lists exceptions to one-year collateral-attack limit Legal fact
Washington's RCW 10.73.100 lists grounds on which the one-year time limit on collateral attacks under RCW 10.73.090 does not apply, including newly discovered evidence, facial or as-applied unconstitutionality of the statute of conviction, double jeopardy, insufficiency of evidence after a not-guilty plea, a sentence in excess of the court's jurisdiction, and a motion for modification of conditions of community custody under RCW 9.94A.703 and 9.94A.709.
Source
Victim notification requirement for collateral attacks in death penalty cases Legal fact
Georgia's Crime Victims' Bill of Rights requires the Attorney General, in death penalty cases, to notify the prosecuting attorney and, upon written request, the victim of the filing and disposition of collateral attacks on the conviction, 'including, but not limited to, petitions for a writ of habeas corpus,' and to provide status reports every six months until the accused dies or the sentence is overturned.
Blue-Ribbon Study Committee leadership and staff Policy
The Georgia General Assembly's page for the House Blue-Ribbon Study Committee on Criminal Post-Conviction Litigation lists Rep. Stan Gunter as Chairman and Brock Perry as Senior Attorney Analyst staff.
2004 amendment created limitation period, not statute of repose Legal fact
The Georgia Supreme Court has stated that in 2004 the General Assembly added subsection (c) to O.C.G.A. § 9-14-42 to establish a period of limitation in which a habeas petitioner must file his petition for habeas relief, but that the subsection makes no provision for a statute of repose.
Roberta Roper testimony: NVCAN is national coalition of victims' rights organizations Finding
Roberta Roper, Executive Director of the Stephanie Roper Committee and Foundation and Co-Chairperson of the National Victims' Constitutional Amendment Network (NVCAN), testified to a House Judiciary subcommittee that 'NVCAN is the national coalition of vi[ctims' rights organizations]'
Michigan one-motion limit for relief from judgment Legal fact
Michigan Court Rule 6.502(G)(1) provides that, with limited exceptions under (G)(2), regardless of whether a defendant has previously filed a motion for relief from judgment, after August 1, 1995, one and only one motion for relief from judgment may be filed with regard to a conviction, rather than imposing a time-based filing deadline.
Washington RCW 10.73.100 amended in 2024 (2024 c 118 s 8) Legal fact
The 2024 amendment to RCW 10.73.100 is cited as session law 2024 c 118 s 8, layered on the original 1989 c 395 s 2 enactment.
Source
Non-death-penalty victim notification limited to prosecuting attorney Legal fact
Outside death-penalty cases, Georgia's Crime Victims' Bill of Rights requires only that the Attorney General notify the prosecuting attorney (not the victim directly) of the filing of collateral attacks on convictions defended by the Attorney General.
Blue-Ribbon Study Committee charge Policy
The committee's charge is to examine Georgia's post-conviction legal framework to protect constitutional rights, reduce delays and improve the efficiency of the state's justice system.
§ 9-14-42(c) enacted in 2004 with four-year felony limitation Legal fact
O.C.G.A. § 9-14-42(c), enacted in 2004 by Ga. L. 2004, p. 917, § 1, provides a four-year limitation period on petitions for habeas corpus from felony convictions, with four potential dates from which the time may begin to run.
California Marsy's Law: victims' right to be heard at post-conviction release proceedings Legal fact
California's Marsy's Law (Cal. Const. art. I, § 28(b)) gives crime victims the right 'To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue'
Michigan victim notification limited to appeals Legal fact
Michigan's Crime Victim's Rights Act requires that, upon the victim's request, the prosecuting attorney notify the victim of the filing, status and result of an appeal of a conviction or sentence, but the statute's text on this notification duty refers to 'appeal,' not to state or federal habeas/post-conviction collateral review.
'Prosecuting attorney' includes county attorney in habeas proceedings Legal fact
Georgia's Crime Victims' Bill of Rights defines 'prosecuting attorney' to include 'a county attorney opposing an accused in a habeas corpus proceeding,' showing the chapter contemplates habeas proceedings but ties victim rights to the prosecuting attorney's role there.
Blue-Ribbon Study Committee meeting dates and locations Policy
The committee page lists three meetings: July 10, 2026 at the Nathan Deal Judicial Center in Atlanta; August 21, 2026 at the Gilmer County Courthouse in Ellijay; and September 18, 2026 at the Old Capitol Building in Milledgeville.
§ 9-14-48(e) prejudicial delay exception for pre-July 2004 convictions Legal fact
O.C.G.A. § 9-14-48(e) provides, with respect to habeas corpus petitions challenging convictions had before July 2004, that a petitioner facing dismissal for prejudicial delay may avoid dismissal by showing by a preponderance of the evidence that the petition is based on grounds of which he or she could not have had knowledge by the exercise of reasonable diligence before the circumstances prejudicial to the respondent occurred.
California Marsy's Law: victims' right to notice of parole/post-conviction proceedings and to speedy/final conclusion Legal fact
California's Marsy's Law gives crime victims the right to 'reasonable notice of ... all parole or other post-conviction release proceedings, and to be present at all such proceedings,' and the right 'To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings'
Michigan bars on relief from judgment not filing deadlines Legal fact
Michigan's rule governing post-conviction motions for relief from judgment lists the bars against relief in Mich. Ct. R. 6.508(D) as: an available appeal not yet sought, claims previously decided on the merits, and claims that could have been raised on appeal without good cause and actual prejudice shown, none of which is a filing deadline on the motion for relief from judgment itself.
West Virginia post-conviction habeas statute sets no filing deadline Legal fact
West Virginia's post-conviction habeas corpus statute, W. Va. Code § 53-4A-1, allows any person convicted of a crime and incarcerated to file a petition for a writ of habeas corpus ad subjiciendum without stating any filing deadline or time limitation.
Victim rights failures cannot be basis for habeas error Legal fact
Georgia law provides that a victim's failure to receive rights under the Crime Victims' Bill of Rights cannot be used by an accused as a basis for error in a post-conviction habeas corpus action.
Georgia General Assembly session dropdown lists only up to 2025-2026 Methodology note
The Georgia General Assembly's Legislation Search tool's session dropdown lists sessions only up to '2025-2026 Regular Session (Current)', with no newer session listed above it.
Source
Superior court exclusive statutory jurisdiction includes habeas corpus (Fourteenth Annual Report) Legal fact
The Fourteenth Annual Report on the Work of the Georgia Courts states that the superior court also has exclusive statutory jurisdiction in such matters as declaratory judgments, habeas corpus, mandamus, quo warranto and prohibition.
California superior courts: 3,758 criminal habeas corpus filings statewide (2026 report) Statistic
California superior courts' criminal habeas corpus filings totaled 3,758 cases statewide.
3,758 cases
Michigan one-motion limit with exceptions Legal fact
Under Michigan Court Rule 6.502(G), a criminal defendant is limited to filing only one motion for relief from judgment with respect to a conviction, except where the motion is based on retroactive change in the law or newly discovered evidence.
West Virginia Appeals by Right: 52 new Post-Conviction filings Statistic
The West Virginia Supreme Court of Appeals' Quick Reference Statistics show 52 new Post-Conviction filings under Appeals by Right, per the table row 'Post-Conviction 52 5233 3363%'.
52 filings
Fort v. Vega habeas appeal decided October 14, 2026 Case detail
On October 14, 2026, the Supreme Court of Georgia decided Fort, Warden v. Vega, No. S26A1000, a habeas corpus appeal from the Superior Court of Washington County.
Supreme Court habeas corpus applications 1985-1986 Statistic
In the Fourteenth Annual Report on the Work of the Georgia Courts, the Supreme Court Caseload table for 1985 and 1986 shows Habeas corpus applications filed as 125 and 158.
158 filings vs. 125 1985 filings
California Penal Code § 1473(a): habeas writ available with no time limit stated Legal fact
California Penal Code section 1473(a) provides that a person unlawfully imprisoned or restrained of their liberty may prosecute a writ of habeas corpus, with no time limit stated in the statute
Minnesota fiscal note estimate of new postconviction petitions Statistic
A Minnesota fiscal note on HF2400 (modifying postconviction relief petition standards) estimated that, based on 5 years of judicial branch data showing an average of approximately 328 postconviction relief petitions filed statewide each year, a 10 or 20% increase from the bill's expanded newly-discovered-evidence standard would amount to between 33 and 66 new petitions statewide per year.
328 petitions per year vs. 66 upper estimate of new petitions per year
West Virginia Appeals by Right: 56 new Post-Conviction filings Statistic
The West Virginia Supreme Court of Appeals' Quick Reference Statistics show 56 new Post-Conviction filings under Appeals by Right, per the table row 'Post-Conviction 56 5646 4682%'.
56 filings
Orsborn v. Long habeas appeal decided September 9, 2026 Case detail
On September 9, 2026, the Supreme Court of Georgia decided Orsborn, Warden v. Long, No. S26A0938, a habeas corpus appeal from the Superior Court of Hart County.
Most recent Georgia Supreme Court opinion citing Stubbs v. Hall Legal fact
The most recent Georgia Supreme Court opinion citing Stubbs v. Hall, 308 Ga. 354, found by CourtListener's citator (filtered to Georgia courts) is Joseph, Warden v. Ingram, which cites 'Stubbs v. Hall, 308 Ga. 354, 359 (3) (b) (840 SE2d 407) (2020).'
Supreme Court habeas corpus applications 1988-1989 Statistic
The Seventeenth Annual Report on the Work of the Georgia Courts shows Supreme Court Habeas corpus applications filed as 171 in 1988 and 157 in 1989.
157 filings vs. 171 1988 filings
In re Clark: California Supreme Court barred habeas claims due to unjustified delay Legal fact
In In re Clark, the California Supreme Court held that the petitioner's unjustified delay in presenting his habeas claims barred consideration of the merits of the petition
New Mexico district court habeas filings FY21 Statistic
New Mexico's statewide district courts had 85 new habeas corpus case filings in FY21.
85 filings
West Virginia victim-notification statute triggers on release or escape, not habeas Legal fact
West Virginia's victim-notification statute, W. Va. Code § 61-11A-8, triggers notice only on release from imprisonment or jail confinement, placement in a halfway house or other nonsecure facility, or escape, for an enumerated list of offenses; it does not use the words habeas, post-conviction or collateral.
House Study Committee on Criminal Post-Conviction Litigation composition Policy
The resolution creating the House Study Committee on Criminal Post-Conviction Litigation provides that the committee shall be composed of twelve members.
Source
Committee charged to study post-conviction litigation and recommend legislation Policy
The resolution creating the committee charges it to study the conditions, needs, issues, and problems described in the resolution and recommend any action or legislation it deems necessary or appropriate.
Source
Georgia Supreme Court habeas corpus filings in 2003 and 2004 Statistic
The Judicial Council of Georgia/AOC's FY2005 Annual Report's Supreme Court 'Cases Filed' table reports, under 'Applications for Appeal,' Habeas Corpus filings of 385 in 2003 and 493 in 2004.
Superior Court civil categories lack separate habeas line (1989) Data gap
The Seventeenth Annual Report on the Work of the Georgia Courts' Calendar Year 1989 Superior Court Caseload (Docket entries) table lists only Total Civil, General Civil, and Domestic Relations as civil case-type categories, with Total Criminal, Felony, Misdemeanor and Probation Revocation on the criminal side.
California superior courts: 4,569 criminal habeas corpus filings statewide (2024 report) Statistic
California superior courts statewide recorded 4,569 criminal habeas corpus filings in the fiscal year covered by this table.
4,569 cases
New Mexico district court habeas filings FY20 Statistic
New Mexico's statewide district courts had 133 new habeas corpus case filings in FY20.
133 filings
Wisconsin victim right to notice of postconviction DNA-testing motion Legal fact
Wisconsin law gives a crime victim the right to have the appropriate clerk of court make a reasonable attempt to send the victim a copy of a motion made under s. 974.07(2) for postconviction deoxyribonucleic acid testing of certain evidence and notification of any hearing on that motion, as provided under s. 974.07(4).
Committee abolished December 1, 2026 Policy
The resolution abolishes the House Study Committee on Criminal Post-Conviction Litigation on December 1, 2026.
Source
Georgia Supreme Court habeas corpus applications dismissed in 2003 and 2004 Statistic
The Judicial Council of Georgia/AOC's FY2005 Annual Report's Supreme Court 'Cases Disposed' table reports Habeas Corpus Applications Dismissed as 51 in 2003 and 64 in 2004.
Supreme Court habeas corpus filings 2006-2007 (35th Annual Report) Statistic
The Georgia Judicial Council's 35th Annual Report (FY08) reports Supreme Court of Georgia Applications for Appeal, Habeas Corpus filings of 367 in CY 2006 and 337 in CY 2007.
337 filings vs. 367 2006 filings
California Supreme Court original-jurisdiction habeas petitions fell from 2,326 (FY14) to 954 (FY23) Trend
The California Supreme Court's original jurisdiction habeas corpus petition filings declined from 2,326 in fiscal year FY14 to 954 in fiscal year FY23 over this ten-year table.
New Mexico no time limit for state habeas petition Legal fact
New Mexico Supreme Court committee commentary to Rule 5-802 NMRA states there is no time limit for filing a state petition for a writ of habeas corpus.
Wisconsin victim right to notice of extended-supervision petition Legal fact
Wisconsin law gives a crime victim the right to have the appropriate clerk of court send the victim a copy of an inmate's petition for extended supervision and notification of the hearing on that petition under s. 302.114(6).
Chief Justice Peterson quoted: system 'is broken' Finding
The resolution's whereas clauses quote a concurring opinion by Chief Justice Nels Peterson stating of Georgia's post-conviction litigation system that it 'is broken. We did a lot of the breaking. But it will require legislative action to fix it.'
Source
Georgia Supreme Court habeas corpus applications denied in 2002 and 2003 Statistic
The Judicial Council of Georgia/AOC's FY2004 Annual Report's Supreme Court 'Cases Disposed' table reports Habeas Corpus Applications Denied as 278 in 2002 and 237 in 2003.
California Marsy's Law: victims' right to notice of public and post-conviction release proceedings Legal fact
California's constitutional Victims' Bill of Rights (Marsy's Law) gives a victim the right 'To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.'
New Mexico victim rights do not name post-conviction or habeas Legal fact
The New Mexico Constitution's victim's-rights provision, Article II, Section 24(A), enumerates the right to notification of court proceedings, the right to attend public court proceedings the accused has the right to attend, and the right to make a statement at sentencing and post-sentencing hearings, without using the words post-conviction or habeas corpus.
Wisconsin postconviction motion may be made at any time Legal fact
Wisconsin Statute 974.06(2) states that a motion for postconviction relief is a part of the original criminal action, is not a separate proceeding, and may be made at any time.
No separate habeas category in 1995 Superior Court caseload table Data gap
The Judicial Council of Georgia/AOC annual report's Superior Court Caseload table for Calendar Year 1995 breaks superior court civil filings into 'Total Civil,' 'General Civil,' and 'Domestic Relations,' with no separate Habeas Corpus category.
2004 habeas act: Act No. 661, Senate Bill 337 Legal fact
Georgia's habeas corpus statute of limitations act was enacted as Act No. 661, Senate Bill No. 337, captioned 'CIVIL PRACTICE - HABEAS CORPUS; PROCEDURES; PETITIONS.'
Supreme Court habeas corpus filings 2010-2011 Statistic
The Georgia Judicial Council's 39th Annual Report (FY12) reports Supreme Court of Georgia Applications for Appeal, Habeas Corpus filings of 402 in 2010 and 360 in 2011.
360 filings vs. 402 2010 filings
California Marsy's Law: victims' right to be heard at post-conviction release proceedings Legal fact
California's constitutional Victims' Bill of Rights gives a victim the right 'To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.'
New Mexico 'court proceeding' definition Legal fact
New Mexico's Victims of Crime Act defines 'court proceeding,' the trigger for the Act's victim-notice provisions, as any hearing, argument or other action scheduled by and held before a court, without limiting or expanding that definition to reach post-conviction or habeas corpus proceedings by name.
California post-conviction limitations period listed as 'None' Legal fact
California's statute of limitations for post-conviction relief by statute (Cal. Pen. Code) is listed as 'None. Prejudice required.' in the Post-Conviction Relief State Summary Chart.
No separate habeas category in FY2000 workload assessment Data gap
The Judicial Council of Georgia/AOC's FY2000 Annual Report states that for the Superior Court Judicial Workload Assessment conducted with the National Center for State Courts in early 2000, superior court case types were categorized as unified appeals, felony, misdemeanor, probation revocation, civil, domestic relations, and juvenile, with no separate habeas corpus category.
2004 habeas act approved May 17, 2004 Legal fact
The habeas corpus statute of limitations act was approved on May 17, 2004.
Wilkes: 2004 habeas statute patterned on AEDPA Finding
Donald E. Wilkes Jr. states that the Georgia habeas corpus statute of limitations enacted in 2004 'is patterned after and is worded nearly identically to the statute of limitations on federal habeas corpus proceedings by state prisoners,' referring to AEDPA.
Florida Marsy's Law: two years for noncapital appeals, five years for death row Legal fact
Reason magazine reported that under Florida's Marsy's Law, 'people convicted of noncapital crimes have only two years to complete all appeals, while those on death row have five years,' and that 'the new limits are based on the victim's right to proceedings free of unnecessary delays'
New Mexico appeals of habeas grants FY22 Statistic
The New Mexico Supreme Court's statistical addendum reports that 7 'State's Appeals of Grants of Writs of Habeas Corpus' were filed in the fiscal-year period covered, with 6 pending at the beginning and 7 pending at the end of that period.
7 appeals filed
New York post-conviction limitations period listed as 'None' Legal fact
New York's statute of limitations for post-conviction relief by statute (N.Y. Crim. Proc. Law) is listed as 'None' in the Post-Conviction Relief State Summary Chart.
No separate habeas category in 2008 Superior Court caseload table Data gap
The Judicial Council of Georgia/AOC annual report's Superior Court Caseload table for Calendar Year 2008 breaks filings into Total Criminal, All Felony Total, Unified Appeals, Felony, Misdemeanor, Probation Revocation, Total Civil, General Civil, Domestic Relations, and Total Dockets, with no separate Habeas Corpus category.
SB 337 introduced by Senators Hamrick and Williams Legal fact
Senate Bill No. 337, the habeas corpus statute-of-limitations bill, was introduced by Senators Hamrick of the 30th and Williams of the 19th.
Wilkes: 2004 statute is 'the sixth restrictive statute' Finding
Wilkes describes the statute enacted in 2004, which placed new additional time limits on filing a postconviction habeas corpus petition and established both a statute of limitations and a statutory rule of laches, as 'the sixth restrictive statute.'
Innocence Project attorney Miller: Marsy's Law deadlines may bar newly discovered evidence claims Finding
Reason magazine reported that an Innocence Project attorney, Miller, said defendants' post-conviction challenges based on newly discovered evidence of innocence risk being barred 'because it's outside an arbitrary time frame' set by Marsy's Law appeal deadlines
New York motion to vacate judgment at any time Legal fact
New York Criminal Procedure Law section 440.10(1) provides that at any time after the entry of a judgment, the court in which it was entered may, upon motion of the defendant, vacate such judgment on enumerated grounds.
Georgia's 2004 habeas limitations statute patterned on federal AEDPA one-year limit Legal fact
The statute of limitations enacted in Georgia in 2004 is patterned after and worded nearly identically to the statute of limitations on federal habeas corpus proceedings by state prisoners, added by Title I of the Antiterrorism and Effective Death Penalty Act of 1996, except that the federal time limitation period is one year for all offenses.
FY2025 report omits separate count of CPC habeas applications Data gap
The Judicial Council of Georgia/AOC's FY2025 annual report describes the Supreme Court of Georgia's workload without reporting a separate count of certificate-of-probable-cause habeas applications, leaving that category of habeas data unreported.
Senate Judiciary Committee reported SB 337 with Do Pass by substitute Legal fact
The Senate Judiciary Committee reported SB 337 back to the Senate with a 'Do Pass by substitute' recommendation, signed by Senator Tanksley of the 32nd District, Chairman.
Supreme Court habeas corpus filings 1991-1992 Statistic
The Twentieth Annual Report on the Work of the Georgia Courts' Supreme Court Caseload: 1991 and 1992 table shows Applications for appeal, Habeas corpus filed of 149 in 1991 and 117 in 1992.
117 filings vs. 149 1991 filings
Hawaii Rule 40: post-conviction relief available at any time but not prior to final judgment Legal fact
Hawaii Rule 40 of the Hawaii Rules of Penal Procedure states that at any time but not prior to final judgment, any person may seek relief under the procedure set forth in that rule from the judgment of conviction.
New York victim notification of final disposition within 60 days Legal fact
New York Criminal Procedure Law requires that upon the request of a crime victim, or in all cases where the final disposition includes a conviction of a violent felony offense or a felony under article one hundred twenty-five of the penal law, the district attorney shall inform the victim by letter of the final disposition within sixty days.
ABA Standard 22-2.4(a): fixed limitations period for post-conviction review is unsound Finding
The American Bar Association's Criminal Justice Standards on Post-Conviction Remedies state, as Standard 22-2.4(a): 'A specific time period as a statute of limitations to bar post-conviction review of criminal convictions is unsound.'
SB 337 passed Senate by substitute 45-7 Legal fact
SB 337 passed the Senate by substitute with 45 yeas and 7 nays.
Supreme Court habeas corpus filings 1990-1991 Statistic
The Nineteenth Annual Report on the Work of the Georgia Courts' Supreme Court Caseload: 1990 and 1991 table shows Applications for appeal, Habeas corpus filed of 171 for 1990.
171 filings
Hawaii Rule 40: any person may seek post-conviction relief at any time but not prior to final judgment Legal fact
Hawaii Rules of Penal Procedure Rule 40 allows any person to seek post-conviction relief from a judgment of conviction at any time but not prior to final judgment.
NOVA amicus: victims' rights meant to restore dignity, not powerlessness Quote
NOVA's Supreme Court amicus brief in Sample v. United States states that the Crime Victims' Rights Act's combination of victims' procedural rights and their right to restitution were meant to vindicate not only their interests in being heard and in being made whole, but also 'to allow the victim "to regain a sense of dignity and respect rather than feeling powerless and ashamed."'
Habeas dispositions exceeded filings in 2024-2025 Trend
Habeas corpus dispositions in Georgia Superior Courts (956 in 2024, 943 in 2025) exceeded filings (896 in 2024, 924 in 2025), indicating a clearing of backlog in those years.
Source
Georgia Supreme Court habeas corpus filings in 2007 and 2008 Statistic
The Judicial Council of Georgia/AOC's FY2009 Annual Report's Supreme Court 'Cases Filed' table reports Habeas Corpus filings, under 'Applications for Appeal,' of 337 in 2007 and 416 in 2008.
Supreme Court habeas corpus filings 1993 Statistic
The Twenty-First Annual Report on the Work of the Georgia Courts' Supreme Court Caseload: 1992 and 1993 table shows Applications for appeal, Habeas corpus filed of 122 for 1993.
122 filings
Source
Hawaii victim notification statute lists release events but not habeas or post-conviction proceedings Legal fact
Hawaii's victim notification statute, HRS § 801D-4(a)(7), requires the Department of Corrections and Rehabilitation to inform victims upon written request of changes in an offender's custodial status that allow or result in release into the community, listing escape, furlough, work release, supervised release, parole, bail bond, release on appeal bond, and final discharge; it does not mention habeas corpus or post-conviction relief proceedings.
No Georgia habeas filing data found in 2008 Annual Report of Georgia Courts Data gap
A search of the 2008 Annual Report: Georgia Courts for 'Habeas Corpus Dockets Filed', 'Habeas Corpus Filed Disposed' and 'Superior Court Habeas Corpus' returned no match.
Superior Court caseload table lacks separate habeas column Methodology note
The Georgia Judicial Council's 36th Annual Report (FY09) presents the 'Superior Court Caseload Calendar Year 2008' table by judicial circuit with columns for Misdemeanor Dockets, Probation Revocation, Total Civil Dockets, General Civil Dockets, Domestic Relations Dockets and Total Dockets, with no separate Habeas Corpus column.
Supreme Court habeas corpus filings 1996 Statistic
A Georgia Judicial Council/AOC Annual Report's Supreme Court Caseload: 1995 and 1996 table shows Applications for appeal, Habeas corpus filed of 283 for 1996.
283 filings
Source
No 2027 Georgia legislative prefiles found Data gap
A search of the Georgia General Assembly prefile page for '2027 Regular Session' and '2027-2028 Regular Session' returned no match.
Source
No habeas content found in Georgia State University Law Review Vol 21 Iss 1 Data gap
A search of Georgia State University Law Review Vol 21 Iss 1 for 'Habeas Corpus', '9-14-42' and 'Civil Practice, Courts Habeas Corpus' returned no match.
No habeas data in 2022 Superior Workload Assessment Tables 1-5 Data gap
A search of the Judicial Council of Georgia's 2022 Superior Workload Assessment Tables 1-5 combined for 'Habeas Corpus' and 'Habeas' returned no match.
Senate agreed to House substitute to SB 337 41-0 Legal fact
The Senate agreed to the House substitute to SB 337 by a vote of 41 yeas to 0 nays.
No habeas data in 2023 Superior Workload Assessment Data gap
A search of the Judicial Council of Georgia's 2023 Superior Workload Assessment for 'Habeas Corpus' and 'Habeas' returned no match.
Act No. 661 corresponds to page 917 in Georgia Laws Legal fact
In the Georgia Laws index of Acts by number, Act No. 661 corresponds to page 917.
No habeas data in 2024 Superior Court Workload Assessment Data gap
A search of the Judicial Council of Georgia's final 2024 Superior Court Workload Assessment for 'Habeas', 'Habeas Corpus' and 'habeas' returned no match.
Sources
120 cited sources backing this research.
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Key Entities
Organizations, people, facilities, and other named entities referenced in this research.
28 USC § 2244(d)(1)
[legislation]
Abrams v. Laughlin
[case]
AEDPA
[legislation]
American Bar Association
[organization]
Blue-Ribbon Study Committee on Criminal Post-Conviction Litigation
[organization]
Brock Perry
[person]
Calderon v. Thompson
[case]
California
[organization]
California Marsy's Law
[legislation]
California Penal Code
[legislation]
California Superior Courts
[organization]
California Supreme Court
[organization]
Court of Appeals of Georgia
[organization]
Donald E. Wilkes Jr.
[person]
Donald Wilkes
[person]
Florida Marsy's Law
[legislation]
Fort v. Vega
[case]
Georgia
[organization]
Georgia Administrative Office of the Courts
[organization]
Georgia Digital Library
[organization]
Georgia General Assembly
[organization]
Georgia Prisoners' Speak
[organization]
Georgia Probate Courts
[organization]
Georgia State University Law Review
[organization]
Georgia Superior Courts
[organization]
Georgia Supreme Court
[organization]
Harris v. Reed
[case]
Hawaii Department of Corrections and Rehabilitation
[organization]
Hawaii Rules of Penal Procedure
[legislation]
House Study Committee on Criminal Post-Conviction Litigation
[program]
Illinois
[organization]
In re Clark
[case]
Indiana
[organization]
Innocence Project
[organization]
Joseph, Warden v. Ingram
[case]
Judicial Council of Georgia
[organization]
King, Cheesman & Ostrom
[organization]
Louisiana
[organization]
Maryland
[organization]
Massachusetts
[organization]
Massachusetts Supreme Judicial Court
[organization]
Massachusetts Trial Court
[organization]
Michigan
[organization]
Miller
[person]
Minnesota
[organization]
National Center for State Courts
[organization]
National District Attorneys Association
[organization]
National Organization for Victim Assistance
[organization]
National Victims' Constitutional Amendment Network
[organization]
Nels Peterson
[person]
New Mexico
[organization]
New York
[organization]
New York City Bar Association
[organization]
O.C.G.A. § 17-17-12
[legislation]
O.C.G.A. § 17-17-15
[legislation]
O.C.G.A. § 17-17-3
[legislation]
O.C.G.A. § 5-6-39.1
[legislation]
O.C.G.A. § 9-14-42
[legislation]
O.C.G.A. § 9-14-42(c)
[legislation]
Orsborn v. Long
[case]
Phagan v. State
[case]
Rhode Island
[organization]
Roberta Roper
[person]
Roberts v. Cooper
[case]
Sample v. United States
[case]
Senate Bill 337
[legislation]
South Carolina
[organization]
Stan Gunter
[person]
Steven J. Twist
[person]
Stubbs v. Hall
[case]
Superior Courts of Georgia
[organization]
Supreme Court of Georgia
[organization]
Vermont
[organization]
Vermont Supreme Court
[organization]
Washington
[organization]
Watkins v. Ballinger
[case]
West Virginia
[organization]
West Virginia Supreme Court of Appeals
[organization]
Wisconsin
[organization]
Wisconsin Court System
[organization]