State v. Colack

Sears, Presiding Justice. Because the habeas court improperly granted relief to Colack before the habeas petition was served on the State and without the benefit of a hearing on the merits of the petition, the habeas court’s judgment is reversed and the case is remanded to the habeas court for a full hearing.* Judgment reversed. All the Justices concur. Footnotes [*] See Gaither v. Gibby, 267 Ga. 96, 97 (475 SE2d 603) (1996).