Rule 44. Habeas corpus proceedings in death sentence cases.
Rule 44.1. Application.
Rule 44.2. Request for judicial assignment.
Rule 44.3. Respondents answer or motion to dismiss
Rule 44.4. Assignment of judge for habeas corpus proceedings
Rule 44.5. Preliminary conference and scheduling.
Rule 44.6. Motions.
Rule 44.7. Amendments to the petition; discovery.
Rule 44.8. Pretrial conference.
Rule 44.9. Evidentiary hearing.
Rule 44.10. Preparation of transcript.
Rule 44.11. Briefing.
Rule 44.12. Ruling on petition.
Rule 44.13. Effect of rule.
APPENDIX A: FORMS
APPENDIX B: RULES SUPERIOR COURTS SENTENCE REVIEW PANEL
Rule 44.1. Application.
This rule shall apply to all petitions seeking, for the first time, a writ of habeas corpus in state court proceedings for those cases in which the petitioner has received a sentence of death. O.C.G.A. § 9-14-47.1.
Rule 44.2. Request for judicial assignment.
Within ten days of the filing of such a petition, the superior court clerk of the county where the petition is filed shall serve a copy of the petition upon the Executive Director of the Council of Superior Court Judges of Georgia. This service may be effected by mail and will constitute a request for judicial assistance under O.C.G.A. § 15-1-9.1 (b) (3).
Rule 44.3. Respondents answer or motion to dismiss
The respondent shall answer or move to dismiss the petition within 20 days after the filing of the petition or within such further time as the court may set for good cause shown.
Rule 44.4. Assignment of judge for habeas corpus proceedings
(A) The Executive Committee of the Council of Superior Court Judges shall promulgate guidelines for the assignment of such cases to the various superior court judges throughout Georgia, and shall provide that the case will not be assigned to a judge within the circuit in which the sentence was imposed. Within 30 days after the Executive Director receives the petition, the president of the council shall assign the case to a judge in accordance with the guidelines.
(B) Pending assignment of a judge, or during a later vacancy of an assigned judge, a presiding judge of the court in which the petition is filed shall be authorized to act on emergency matters unless otherwise disqualified by Uniform Superior Court Rule 25.
Rule 44.5. Preliminary conference and scheduling.
The assigned judge may wish to consider scheduling a preliminary conference with counsel for the petitioner and respondent as soon as practical. This conference may be conducted by telephone. The court may also wish to enter a scheduling order establishing specific dates in accordance with the guidelines set forth in this rule. The court may on its own or on motion of either party shorten any time period set forth hereinafter, and may extend such time period for good cause.
Rule 44.6. Motions.
Within 60 days after the filing of the petition, the petitioner may file pretrial motions. Within 90 days after the filing of the petition, the respondent may file any motions. Responses to motions shall be governed by Rule 6.2.
Rule 44.7. Amendments to the petition; discovery.
No later than 120 days after the filing of the petition, the petitioner may amend the petition, and if discovery is allowed pursuant to O.C.G.A. § 9-14-48 it shall be completed.
Rule 44.8. Pretrial conference.
The court may wish to schedule a pretrial conference with counsel for the petitioner and the respondent and enter an appropriate pretrial order for proceedings in the case. This conference may be conducted with counsel only and by telephone if appropriate.
Rule 44.9. Evidentiary hearing.
Within 180 days after the filing of the petition, the court shall conduct an evidentiary hearing as provided by O.C.G.A. § 9-14-47 and 9-14-48.
Rule 44.10. Preparation of transcript.
The evidentiary hearing shall be transcribed by a court reporter designated by the court hearing the case as set forth in O.C.G.A. § 9-14-50. Within 30 days after the evidentiary hearing, the transcript of the evidentiary hearing shall be made available to the parties and the court.
Rule 44.11. Briefing.
Within 60 days after the evidentiary hearing, the petitioner may file any brief and if so directed by the court shall file proposed findings of fact and conclusions of law and a proposed order. Within 90 days after the evidentiary hearing, the respondent may file any responsive brief and if so directed by the court shall file proposed findings of fact and conclusions of law and a proposed order. Within 100 days after the evidentiary hearing, the petitioner may file any additional responsive brief.
Rule 44.12. Ruling on petition.
Within 90 days of the filing of the respondents brief, or the petitioners reply brief if one is filed, the court shall issue its ruling on the petition and its written findings of fact and conclusions of law as required by O.C.G.A. § 9-14-49.