McDuffie v. Jones , 248 Ga. 544 ( 1981 )

Jordan, Chief Justice,

concurring.

The majority opinion points up a serious defect in our Habeas Corpus statute. An applicant for the Writ of Habeas Corpus should be required to allege violation of the Federal and or State Constitution. A simple violation of a state statute should not be relitigated in a habeas proceeding, as set forth and treated in Divisions 2 and 3 of the opinion.

The General Assembly should take steps to amend our Habeas Corpus statute so that it allows relief only for a substantial denial of a Federal or State constitutional right.

The statute should also be amended to eliminate the waiver requirements of the statute, which as written exceed the waiver requirements of present federal constitutional law. See Wilkes, Postconviction Habeas Corpus Relief in Georgia, cited in footnote 1 of the majority opinion.