State of Ga. v. Davis , 246 Ga. 200 ( 1980 )

Hill, Justice,

dissenting.

I would affirm the order of the trial court. It is true that indigent habeas corpus petitioners are not entitled to appointed counsel as a matter of right. Pulliam v. Balkcom, supra, 245 Ga. at 100; Spencer v. Hopper, supra, 243 Ga. at 537; McClure v. Hopper, supra, 234 Ga. at 50.

However, none of our cases hold that a habeas corpus court lacks the authority to appoint counsel for an indigent habeas petitioner in the exercise of its discretion. That is what the trial court did here. The court appointed the PLCP to examine petitioner’s case and to represent him on habeas if the PLCP determined that such a proceeding would be meritorious. That is not appointment of counsel as of right; it is an exercise of discretion. There being no showing of abuse of discretion, I would affirm the trial court.