STATE v. JARAMILLO

No. S05A1188.

620 S.E.2d 798 (2005)

279 Ga. 691

The STATE v. JARAMILLO.

Supreme Court of Georgia.

October 3, 2005.


Attorney(s) appearing for the Case

Jeffrey Paul Kwiatkowski, Asst. Solicitor-General, Gerald N. Blaney, Jr., Solicitor-General, for Appellant.

Kunle Ogundele, Atlanta, for Appellee.


BENHAM, Justice.

In this appeal from an order granting habeas corpus relief to Filiberto Jaramillo, the State raises a single procedural issue, arguing the habeas corpus court should have dismissed the petition for failure to serve the district attorney pursuant to OCGA § 9-14-45. Because the State failed to raise that alleged insufficiency of service in a timely manner, we deem it to have waived the defense and affirm the judgment below.

Jaramillo pled...

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