BOYD v. ST. LAWRENCE, 281 Ga. 300 (2006)

637 S.E.2d 687

BOYD v. ST. LAWRENCE.

No. S06A1596.Supreme Court of Georgia.
DECIDED NOVEMBER 20, 2006.

SEARS, Chief Justice.

In this pre-trial habeas action, the appellant, Dick Boyd, contended that he was entitled to be released from custody because he had not been taken before a “judicial officer authorized to receive an affidavit and issue a warrant”[1]
within 48 hours of his warrantless arrest as required by OCGA § 17-4-62. Boyd, however, was indicted shortly after he brought his habeas action, thus rendering moot any question regarding whether he should have been brought before a

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neutral factfinder[2] under OCGA § 17-4-62.[3]
Accordingly, the trial court properly denied his petition for habeas relief.

Judgment affirmed. All the Justices concur.

[1] OCGA § 17-4-62.

[2] Dean v. State, 250 Ga. 77, 81 (295 SE2d 306) (1982) (purpose of OCGA § 17-4-62 is simply “to insure that the arrest and continuing detention of an accused is reviewed by a neutral factfinder”).

[3] See Ross v. Lemacks, 264 Ga. 839 (452 SE2d 109) (1995) (although OCGA § 17-4-26 provides that a defendant must be released from custody if not provided a commitment hearing within 72 hours of his arrest pursuant to a warrant, a defendant’s indictment moots question of whether he should have been brought before a judicial officer within 72 hours).

DECIDED NOVEMBER 20, 2006.
Habeas corpus. Chatham Superior Court. Before Judge Karpf.

Dick L. Boyd, pro se.
Emily E. Garrard, R. Jonathan Hart, for appellee.