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WILKES v. TERRY

No. S11A1410.

717 S.E.2d 644 (2011)

WILKES v. TERRY.

Supreme Court of Georgia.

November 7, 2011.

Attorney(s) appearing for the Case

Sarah Gerwig-Moore , Andrew Mahler , Danielle L. Brewer , Joseph Scott Key , McDonough, for appellant.

Samuel S. Olens , Atty. Gen., Paula K. Smith , Sr. Asst. Atty. Gen., Jason C. Fisher , Asst. Atty. Gen., for appellee.

THOMPSON, Justice.

The issue in this case is whether a habeas court is required to transfer a properly filed petition for habeas corpus to another county's superior court when the petitioner is transferred to that county for detention. We hold that while a habeas court may in its discretion transfer a habeas petition after the petitioner's county of detention changes, transfer of the petition is not required in every case. See Preer v. Johnson,

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