Opinion
S99H0052.
DECIDED: FEBRUARY 26, 1999.
Habeas corpus. Baldwin Superior Court. Before Judge Prior.
George Hamm, pro se. Thurbert E. Baker, Attorney General, Neal B. Childers, Senior Assistant Attorney General, for appellee.
ORDER OF COURT.
Upon consideration of the Application for Certificate of Probable Cause to appeal the denial of habeas corpus, it is ordered that it be hereby denied.
All the Justices concur, except Carley and Hines, JJ., who dissent.
DECIDED FEBRUARY 26, 1999.
I dissent from the denial of this habeas corpus matter on the merits because petitioner did not "file a written application for a certificate of probable cause to appeal with the Clerk of the Supreme Court within thirty days of the entry of the order denying him relief," as required by OCGA § 9-14-52(b). Accordingly, I would dismiss.
I am authorized to state that Justice Thompson and Justice Hines join in this dissent.