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PERERA v. MILLER

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Supreme Court of Georgia.

PERERA v. MILLER.

No. S08A0897.

Decided: June 02, 2008

Emily Perera, Marietta, pro se. David McDade, Dist. Atty., James A. Dooley, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., for Appellee.

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.

FOOTNOTES

1.   Mungin v. St. Lawrence, 281 Ga. 671, 641 S.E.2d 541 (2007);  Kearse v. Paulk, 264 Ga. 509, 509-510, 448 S.E.2d 369 (1994).

2.   See Mungin, 281 Ga. 671, 641 S.E.2d 541 (where habeas court is able to determine from face of the petition that it is without merit, it may dismiss without a hearing).

SEARS, Chief Justice.

All the Justices concur.

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