Wilkes v. Terry
290 Ga. 54
Ga.2011Background
- Wilkes was convicted of burglary in 2000 and sentenced as a recidivist to 20 years in prison.
- He filed a habeas petition in Gwinnett County in 2005 while detained at Phillips State Prison.
- Wilkes was subsequently transferred to Macon State Prison in 2006, after which his petition was transferred to Macon County.
- In 2007, Wilkes was transferred to a facility in Baldwin County and moved to transfer his petition to Baldwin County's superior court.
- The Macon County habeas court denied both the transfer motion and the petition, ruling it had authority to hear the case given Wilkes’ presence in Macon and the case’s duration there.
- The Georgia Supreme Court held that a habeas court may transfer but is not required to transfer a petition when the petitioner’s county of detention changes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must a habeas petition be transferred when the petitioner’s county of detention changes? | Wilkes contends transfer is mandatory due to change in detention county. | State contends transfer is not mandatory; court may exercise discretion. | Transfer not mandatory; discretion allowed. |
| Does Preer limit or authorize transfer discretion in this context? | Preer supports mandatory transfer when detention county changes. | Preer allows discretion to transfer under certain circumstances but not required in all cases. | Preer permits discretion; not binding to mandatory transfer here. |
| Was venue proper and did the Macon County court have jurisdiction after transfer? | Petition remained properly filed in a county with proper detention-related connection. | Macon County had jurisdiction once Wilkes was detained there; venue remained proper after transfer. | Venue and jurisdiction were proper in Macon County after transfer. |
Key Cases Cited
- Preer v. Johnson, 279 Ga. 90 (2005) (courts may transfer habeas petitions under certain circumstances)
- State v. Smith, 276 Ga. 14 (2002) (current location detention determines proper superior court)
- McBurnett v. Warren, 208 Ga. 225 (1951) (historical rule on proper forum for habeas petitions)
- Colton v. Martins, 230 Ga. 482 (1973) (permanent jurisdictional principles for habeas petitions)
- Neal v. State, 232 Ga. 96 (1974) (jurisdictional scope of habeas petitions)
- Craig v. State, 234 Ga. 398 (1975) (county of detention as proper forum principle)
- Waye v. State, 239 Ga. 871 (1977) (proper county for filing habeas petitions)
- Nix v. Watts, 284 Ga. 100 (2008) (proper jurisdiction when petition filed in wrong county)