(a) Appeals in habeas corpus cases brought under this article shall be governed by Chapter 6 of Title 5 except that as to final orders of the court which are adverse to the petitioner no appeal shall be allowed unless the Supreme Court of this state issues a certificate of probable cause for the appeal.
§ 9-14-52.Appeal procedure; application to Supreme Court by petitioner for certificate of probable cause; effect of appeal by respondent
Chapter 14. Habeas Corpus · Article 2. Procedure for Persons under Sentence of State Court of Record · Last amended 1975 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-14-52 folds habeas appeals into Georgia’s general appeal statute but requires a losing petitioner to file, within 30 days of the order denying relief, a written application for a certificate of probable cause with the clerk of the Supreme Court and a notice of appeal with the clerk of the superior court, while letting a losing respondent appeal without any certificate and giving that appeal automatic supersedeas effect along with a possible bail release for the petitioner pending the outcome.
Full Text of § 9-14-52
(b) If an unsuccessful petitioner desires to appeal, he must file a written application for a certificate of probable cause to appeal with the clerk of the Supreme Court within 30 days from the entry of the order denying him relief. The petitioner shall also file within the same period a notice of appeal with the clerk of the concerned superior court. The Supreme Court shall either grant or deny the application within a reasonable time after filing. In order for the Supreme Court to consider fully the request for a certificate, the clerk of the concerned superior court shall forward, as in any other case, the record and transcript, if designated, to the clerk of the Supreme Court when a notice of appeal is filed. The clerk of the concerned superior court need not prepare and retain and the court reporter need not file a copy of the original record and a copy of the original transcript of proceedings. The clerk of the Supreme Court shall return the original record and transcript to the clerk of the concerned superior court upon completion of the appeal if the certificate is granted. If the Supreme Court denies the application for a certificate of probable cause, the clerk of the Supreme Court shall return the original record and transcript and shall notify the clerk of the concerned superior court and the parties to the proceedings below of the determination that probable cause does not exist for appeal.
(c) If the trial court finds in favor of the petitioner, no certificate of probable cause need be obtained by the respondent as a condition precedent to appeal. A notice of appeal filed by the respondent shall act as a supersedeas and shall stay the judgment of the superior court until there is a final adjudication by the Supreme Court; provided, however, that, while such case is on appeal, the petitioner may be released on bail as is provided in criminal cases except when the petitioner has been convicted of a crime which the Supreme Court has jurisdiction to consider on direct appeal. The right to bail and the amount of bond shall be within the discretion of the judge of the superior court in which the sentence successfully challenged under this article was originally imposed.
Plain-English Summary
Habeas appeals under this article start from Georgia’s general appeal statute, but this section adds a filter that applies only to a losing petitioner: no appeal from a final order adverse to the petitioner unless the Supreme Court first issues a certificate of probable cause.
Getting that certificate takes two filings within 30 days of the order denying relief — a written application for the certificate with the clerk of the Supreme Court, and a notice of appeal with the clerk of the superior court. The Supreme Court has to rule on the application within a reasonable time, and the superior court clerk forwards the record and any designated transcript to the Supreme Court so it can decide. If the certificate is granted, the record heads back to the superior court clerk once the appeal wraps up; if it’s denied, the record comes back right away, along with notice to the superior court clerk and the parties that probable cause wasn’t found.
A respondent who loses — meaning the trial court ruled for the petitioner — doesn’t need any certificate to appeal. That respondent’s notice of appeal automatically stays the superior court’s judgment as a supersedeas until the Supreme Court issues a final decision. While that appeal is pending, the petitioner may be released on the same bail terms available in criminal cases, except when the petitioner was convicted of a crime the Supreme Court itself would hear on direct appeal. The decision on bail, and the bond amount, belongs to the judge of the superior court where the successfully challenged sentence was originally imposed.
Frequently Asked Questions
Does every habeas appeal require a certificate of probable cause?
No. Only an appeal by the petitioner from a final order adverse to the petitioner; a respondent appealing a ruling in the petitioner’s favor doesn’t need one.
What must an unsuccessful petitioner file, and by when?
A written application for a certificate of probable cause with the clerk of the Supreme Court, and a notice of appeal with the clerk of the superior court, both within 30 days of the order denying relief.
What happens to the trial record while the Supreme Court decides whether to grant the certificate?
The superior court clerk forwards the record and any designated transcript to the Supreme Court clerk, who returns it to the superior court clerk once the appeal concludes or the application is denied.
What effect does a respondent’s notice of appeal have on a habeas judgment favoring the petitioner?
It acts as a supersedeas, staying the superior court’s judgment until the Supreme Court issues a final adjudication.
Can a petitioner be released on bail while the respondent’s appeal is pending?
Generally yes, on the same basis as bail in criminal cases, except when the petitioner was convicted of a crime the Supreme Court has jurisdiction to consider on direct appeal; the decision and bond amount rest with the judge of the superior court where the successfully challenged sentence was originally imposed.
Amendment History
Code 1933, § 50-127, enacted by Ga. L. 1967, p. 835, § 3; Ga. L. 1975, p. 1143, § 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
Also known as: certificate of probable cause georgia habeas corpusappeal denial of habeas corpus georgiasupersedeas habeas corpus appeal georgiabail pending habeas corpus appeal georgia30 day deadline habeas appeal georgia