Opinion
S03A0451.
Decided March 27, 2003
Habeas corpus. Gwinnett Superior Court. Before Judge Ray.
Daniel J. Porter, District Attorney, Elizabeth L. Jaeger, Thomas N. Davis, Jr., Assistant District Attorneys, for appellant.
Henderson Lipscomb, David S. Lipscomb, for appellee.
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.
See Gaither v. Gibby, 267 Ga. 96, 97 ( 475 S.E.2d 603) (1996).