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THOMAS v. CALDWELL

S21H0656 S22A1020.

873 S.E.2d 215 (2022)

THOMAS v. CALDWELL, Warden.

Supreme Court of Georgia.

Decided: May 17, 2022.

Attorney(s) appearing for the Case

Jerry Marlin Thomas , GDC# 18851, Johnson State Prison , P.O. Box 344, Wrightsville, Georgia 31096, for Appellant.

Christopher M. Carr , Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Patricia B. Attaway Burton , Deputy Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Daniel Whitener Hamilton , Shepard, Plunkett, Hamilton & Boudreaux, LLP, 429 Walker Street, Upper Level, Augusta, Georgia 30901, for Appellee.

The application for a certificate of probable cause to appeal in this case presents the question of whether the habeas court properly dismissed Jerry Thomas's petition for habeas corpus on the ground that it was successive under OCGA § 9-14-51. For the reasons that follow, we conclude that the habeas court erred in dismissing...

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