(a) Any person imprisoned by virtue of a sentence imposed by a state court of record who asserts that in the proceedings which resulted in his conviction there was a substantial denial of his rights under the Constitution of the United States or of this state may institute a proceeding under this article.
§ 9-14-42.Grounds for writ; waiver of objection to jury composition
Chapter 14. Habeas Corpus · Article 2. Procedure for Persons under Sentence of State Court of Record · Last amended 2004 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-14-42 lets a person sentenced by a Georgia state court of record seek habeas relief for a substantial denial of federal or state constitutional rights, treats a jury-composition objection as waived unless the petition shows cause to revive it, and sets filing deadlines of one year for misdemeanors and four years for felonies — except death sentence cases — running from one of four listed trigger events, with the sentencing court required to advise the defendant of these deadlines.
Full Text of § 9-14-42
(b) The right to object to the composition of the grand or trial jury will be deemed waived under this Code section unless the person challenging the sentence shows in the petition and satisfies the court that cause exists for his being allowed to pursue the objection after the conviction and sentence have otherwise become final.
(c) Any action brought pursuant to this article shall be filed within one year in the case of a misdemeanor, except as otherwise provided in Code Section 40-13-33, or within four years in the case of a felony, other than one challenging a conviction for which a death sentence has been imposed or challenging a sentence of death, from:
(1) The judgment of conviction becoming final by the conclusion of direct review or the expiration of the time for seeking such review; provided, however, that any person whose conviction has become final as of July 1, 2004, regardless of the date of conviction, shall have until July 1, 2005, in the case of a misdemeanor or until July 1, 2008, in the case of a felony to bring an action pursuant to this Code section;
(2) The date on which an impediment to filing a petition which was created by state action in violation of the Constitution or laws of the United States or of this state is removed, if the petitioner was prevented from filing such state action;
(3) The date on which the right asserted was initially recognized by the Supreme Court of the United States or the Supreme Court of Georgia, if that right was newly recognized by said courts and made retroactively applicable to cases on collateral review; or
(4) The date on which the facts supporting the claims presented could have been discovered through the exercise of due diligence.
(d) At the time of sentencing, the court shall inform the defendant of the periods of limitation set forth in subsection (c) of this Code section.
Plain-English Summary
Subsection (a) sets the basic entry ticket for this article: a person imprisoned under a sentence from a Georgia state court of record who believes the proceedings that produced the conviction denied a right guaranteed by the federal or state Constitution may bring a habeas action. The word “may” leaves the choice to the prisoner, but it also marks the outer edge of what this article reaches — constitutional violations in the proceedings behind the conviction, not general complaints about custody conditions or sentence computation.
Subsection (b) singles out one kind of claim for special treatment: a challenge to how the grand or trial jury was composed. Once a conviction and sentence become final, an objection to jury composition is ordinarily waived unless the petition itself shows, and persuades the court, that cause exists to pursue the objection anyway. That is a narrower opening than the general grounds in subsection (a), reflecting how much weight Georgia puts on settling jury-composition challenges before a case ever reaches habeas.
Subsection (c) sets the clock. Outside death sentence cases, a petitioner has one year from the triggering date to challenge a misdemeanor conviction, subject to the separate deadline in Code Section 40-13-33, and four years to challenge a felony conviction. Four different events can start that clock: the conviction becoming final on direct review, the removal of a state-created impediment that had blocked filing, a new constitutional right the United States Supreme Court or the Georgia Supreme Court made retroactive, or the date the petitioner could have discovered the supporting facts through due diligence. A transition rule softens the deadline for older cases: anyone whose conviction was already final as of July 1, 2004 had until July 1, 2005 for a misdemeanor or July 1, 2008 for a felony, regardless of how old the underlying conviction was.
Subsection (d) puts the burden of spreading the word on the court itself: at sentencing, the judge must tell the defendant about these filing deadlines. A conviction carrying a death sentence, or a challenge to a sentence of death, sits outside subsection (c)’s one-year and four-year periods entirely.
Frequently Asked Questions
What must a petitioner show to obtain habeas relief under subsection (a)?
That the petitioner is imprisoned under a sentence from a Georgia state court of record and that the proceedings resulting in the conviction substantially denied a right under the United States or Georgia Constitution.
Is an objection to grand or trial jury composition automatically preserved for habeas review?
No. It is deemed waived unless the petition shows, and satisfies the court, that cause exists to pursue the objection after the conviction and sentence have otherwise become final.
How long does a petitioner have to file, and does it depend on the offense?
One year for a misdemeanor, subject to Code Section 40-13-33, and four years for a felony, running from whichever of the four listed trigger dates applies.
What if the conviction became final years before this deadline scheme existed?
A transition rule extends the deadline for anyone whose conviction was already final as of July 1, 2004, giving them until July 1, 2005 for a misdemeanor or July 1, 2008 for a felony.
Does the trial court have any duty tied to these deadlines?
Yes. Subsection (d) requires the court, at sentencing, to inform the defendant of the periods of limitation set out in subsection (c).
Amendment History
Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3; Ga. L. 1975, p. 1143, § 1; Ga. L. 1982, p. 786, §§ 1, 3; Ga. L. 1984, p. 22, § 9; Ga. L. 2004, p. 917, § 1.
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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