Perera v. Miller

SEARS, Chief Justice. The appellant, Emily Perera, is the defendant in a pending murder case in Douglas County. She filed this pre-trial habeas action, contending that she was receiving ineffective assistance of trial counsel and that her constitutional right to a speedy trial had been violated. However, because Perera may raise these issues in the pending criminal action, she may not raise them pursuant to a petition for writ of habeas corpus. 1 For this reason, the habeas court did not err in dismissing Perera’s petition without an evidentiary hearing. 2 Judgment affirmed. All the Justices concur. Footnotes [1] Mungin v. St. Lawrence, 281 Ga. 671 (641 SE2d 541) (2007); Kearse v. Paulk, 264 Ga. 509, 509-510 (448 SE2d 369) (1994). [2] See Mungin, 281 Ga. 671 (where habeas court is able to determine from face of the petition that it is without merit, it may dismiss without a hearing).