No. 22-7339

Holly Harvey v. Georgia

Lower Court: Georgia
Docketed: 2023-04-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 14th-Amendment appellate-rights criminal-appeals criminal-procedure due-process georgia-courts habeas-corpus ocga-5-6-35 post-conviction-remedies
Key Terms:
HabeasCorpus
Latest Conference: 2023-05-11
Question Presented (AI Summary)

Due-Process

Question Presented (OCR Extract)

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

Docket Entries

2023-05-15
Petition DENIED.
2023-04-26
DISTRIBUTED for Conference of 5/11/2023.
2023-04-25
Waiver of right of respondent Georgia to respond filed.
2023-04-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 22, 2023)

Attorneys

Georgia
Stephen John PetranyGeorgia Department of Law, Respondent
Stephen John PetranyGeorgia Department of Law, Respondent
Holly Harvey
Holly Harvey — Petitioner
Holly Harvey — Petitioner