HabeasCorpus
Due-Process
QUESTION PRESENTED I Dougherty v. State, 315 Ga 188, 880 SE2d 523 (2023), the Supreme Court of Georgia ; admitted they have erroneously referred pro se litigants to pursue out-of-time appeals in the trial court, as opposed to State habeas corpus. After eliminating the 50-year-old proceeding in Cook v State, 313 Ga 471, 870 SE2d 758 (2022), they CONCEDE that those who followed their instruction are left with NO CORRECTIVE PROCESS-that is, NO remedy under the law-including habeas corpus (Dougherty @ fn.8). Up to 97% of convicted criminal defendants in Georgia have NO remedy under the law to , : challenge their criminal convictions. Are Georgia courts denying criminal defendant’s Due Process under the 14th Amendment by denying them their right to appeal their convictions under OCGA 5-6-35 and seek other post-conviction remedies, without waiver or relinquishment of these rights, : by holding diligent defendants responsible for following the erroneous precedent set by our highest Court’s error? And if so, how should such defendants have their rights restored? 7