BELL v. HOPPER

31174.

237 Ga. 189 (1976)

227 S.E.2d 41

BELL v. HOPPER.

Supreme Court of Georgia.

Decided June 24, 1976.

Rehearing Denied July 8, 1976.


Attorney(s) appearing for the Case

Paul S. Weiner, Paul McGee, for appellant.

John W. Underwood, District Attorney, Arthur K. Bolton, Attorney General, G. Stephen Parker, Assistant Attorney General, for appellee.


HILL, Justice.

This is a habeas corpus case in which we granted a certificate of probable cause to appeal. Our primary concern was and is that the judicial branch of government is without authority to countermand lawful orders of the executive branch pardoning or paroling a prisoner or commuting his sentence. Also of concern was the absence of a full evidentiary hearing. For the reasons stated hereinafter, we remand for further proceedings.

Petitioner was...

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