LILLARD v. HEAD

No. S97A0125.

476 S.E.2d 736 (1996)

267 Ga. 291

LILLARD v. HEAD, Warden.

Supreme Court of Georgia.

Reconsideration Denied November 8, 1996.


Attorney(s) appearing for the Case

Charles Lillard, Hardwick, pro se.

Michael J. Bowers, Atty. Gen., Beth Attaway, Asst. Atty. Gen., Neal B. Childers, Sr. Asst. Atty. Gen., Dept. of Law, Atlanta, for Frederick Head.


THOMPSON, Justice.

The question in this case is whether the Great Writ is available where a prisoner is unlawfully confined beyond the term of his sentence. We hold that it is.

Charles Lillard petitioned for a writ of habeas corpus asserting that he is being detained by the State even though he has fully served his sentence. The State argued at the habeas hearing that Lillard's claim was not cognizable in a habeas corpus proceeding. The habeas court agreed...

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