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GARIBAY v. TERRY

S16A0824.

791 S.E.2d 806 (2016)

GARIBAY v. TERRY.

Supreme Court of Georgia.

Decided: October 3, 2016.

Attorney(s) appearing for the Case

Jesus Garibay , GDC# 1151401, Telfair State Prison, P.O. Box 549, Helena, Georgia 31057, for Appellant.

Samuel S. Olens , Attorney General, Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, for Appellee.

This Court granted Jesus Garibay's application for a certificate of probable cause to appeal to address whether the habeas court erred in dismissing Garibay's habeas petition for failure to prosecute where no written order was taken within five years even though the petition had been orally denied at an earlier hearing and all...

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