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§ 9-14-41.Article as exclusive procedure

Chapter 14. Habeas Corpus · Article 2. Procedure for Persons under Sentence of State Court of Record · Last amended 1967 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-14-41 makes Article 2 the sole path for challenging confinement under a sentence imposed by a Georgia state court of record, displacing the general habeas corpus procedure in Article 1 of this chapter for that category of prisoner.

Full Text of § 9-14-41

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Notwithstanding the other provisions of this chapter, this article provides the exclusive procedure for seeking a writ of habeas corpus for persons whose liberty is being restrained by virtue of a sentence imposed against them by a state court of record.

Plain-English Summary

This section does one job: it tells a court which set of rules applies. Chapter 14 of Title 9 covers habeas corpus generally, but Article 2 — the article this section opens — carves out its own procedure for a narrower group: people confined under a sentence a Georgia state court of record imposed. For that group, this section says, Article 2’s rules are not one option among several; they are the only route.

The word “notwithstanding” at the start of the section does real work. It overrides anything elsewhere in Chapter 14 — including Article 1’s more general habeas corpus procedure — that might otherwise seem to apply to the same person. A prisoner serving a sentence from a Georgia superior court, state court, or other court of record cannot choose Article 1’s procedure instead, even if some part of it might look more favorable to the petitioner.

The line drawn here matters because Article 1 still governs plenty of other habeas corpus cases: custody disputes, people held on immigration or extradition grounds, and other forms of restraint that don’t trace back to a state-court sentence. Article 2’s exclusivity applies only within its own lane — sentences imposed by Georgia courts of record — leaving the rest of Chapter 14 to do the work it always did.

Frequently Asked Questions

Who has to use this article instead of the general habeas procedure in Article 1?

Anyone whose liberty is restrained by virtue of a sentence a Georgia state court of record imposed against them.

What does “notwithstanding the other provisions of this chapter” accomplish?

It makes clear Article 2 controls over Article 1 whenever both might otherwise seem to apply to the same restrained person, for the category of sentence this article covers.

Does this section affect people held for reasons other than a Georgia state-court sentence, such as pretrial detainees?

No. Article 1’s general habeas corpus procedure continues to govern restraint that doesn’t arise from a sentence imposed by a Georgia court of record.

Can a petitioner covered by this article choose to proceed under Article 1 instead?

No. This section makes Article 2’s procedure exclusive for that category of petitioner, not an alternative to Article 1.

Where was this exclusivity rule first codified?

In 1967, alongside the enactment of Article 2 as a whole.

Amendment History

Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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