Myers v. St. Lawrence, 289 Ga. 240

Myers was indicted on aggravated assault, obstruction of a law enforcement officer, criminal damage to property, and simple battery against a pregnant person.
The trial court denied pre-trial bail, finding Myers a flight risk, a danger to persons, community, or property, a risk of committing a felony pending trial, and a risk of intimidating witnesses, given his lengthy felony history and prior fugitive status.
While awaiting trial, Myers filed a habeas petition contending detention without bail was illegal and alleging ineffective assistance of counsel.
The habeas court denied the petition after a hearing.
Appellant argues denial of bail violated due process and Eighth Amendment protections; he also asserts ineffective assistance claims.
The Georgia Supreme Court affirms, addressing bail standards under OCGA § 17-6-1(e) and the propriety of pre-trial habeas challenges to counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether bail was properly denied under OCGA § 17-6-1(e).	Myers contends the four risks make release appropriate.	State argues four risks justified detention given flight, danger, felony risk, and witness intimidation; conjunctive standard requires none exist for bail.	No abuse; bail denial upheld.
Whether the bail ruling violated the Eighth Amendment or Georgia Constitution.	Excessive bail challenge should apply due to constitutional protections.	Discretionary bail under state law governs; no abuse shown.	Authorities properly exercised discretion; no violation found.
Whether ineffective assistance of counsel can be raised in a pre-trial habeas petition.	Counsel's ineffectiveness should be reviewable before trial.	Pending criminal matter precludes such habeas claims.	Claim cannot form basis for pre-trial habeas relief.
Whether the record supports review given lack of bail-hearing transcript.	Record lacked transcript to challenge bail.	Presumption that trial court's decisions were supported by evidence in absence of transcript.	No reversible error; record supports denial.

Constantino v. Warren, 285 Ga. 851 (2009) (bail standards when felonies charged; none of four risks must exist for release)
Pullin v. Dorsey, 271 Ga. 882 (2000) (probability of appearance governs bail; abuse of discretion required for reversal)
Massey v. St. Lawrence, 284 Ga. 780 (2009) (pre-trial habeas corpus not viable for ineffective assistance while case pending)
Blue v. Blue, 279 Ga. 550 (2005) (presumption of record support when transcript unavailable)
Kegler v. State, 267 Ga. 147 (1996) (recidivist treatment and bail considerations; no abuse suggested)