McNabb petitioned for a writ of habeas corpus, which was dismissed without affording to McNabb an opportunity to appear.
We held in Mitchell v. Forrester, 247 Ga. 622, 623 (278 SE2d 368) (1981), that “[o]nly when the habeas court is able to determine from the face of the petition that it is without merit is it appropriate to dismiss the petition without a hearing.”
In Black v. Hardin, 255 Ga. 239, 240 (336 SE2d 754) (1985), we held:
[A]n otherwise valid procedural bar will not preclude a habeas corpus court from considering alleged constitutional errors or deficiencies if there shall be a showing of adequate cause for failure to object or to pursue on appeal and a showing of actual prejudice to the accused. Even absent such a showing of cause and prejudice, the relief of the writ will remain available to avoid a miscarriage of justice where there has been a substantial denial of constitutional rights.
Here, the habeas court considered McNabb’s claims, found them to be without merit, and, applying the appropriate criteria required under Black v. Hardin, found that the facts support no cause and prejudice exception to the procedural bar.
Judgment affirmed.
Giles v. Ford, 258 Ga. 245 (368 SE2d 318) (1988), concerns a court’s refusal to permit the filing of a petition for habeas corpus, and is inapplicable.
