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WELLS v. KEITH, Warden

Supreme Court of Georgia1958-02-07No. 19963
213 Ga. 858

Summary

Holding. The judgment dismissing the habeas corpus petition on the basis of res judicata was affirmed. A defendant cannot use successive habeas corpus petitions to relitigate challenges to the validity of a conviction or sentence that were raised or could have been raised in prior proceedings.

Luther C. Wells, Jr. was convicted of three murders in DeKalb County and sentenced to life imprisonment. His conviction and sentence were affirmed on direct appeal in 1954. Between 1954 and 1957, Wells filed three separate habeas corpus petitions in different county courts, each challenging the legality of his detention under the same life sentence. The warden in the final proceeding raised the defense of res judicata—the legal principle that a matter already decided cannot be relitigated between the same parties.

The court examined Wells's third habeas corpus petition and determined that all of its allegations either had been raised previously or could have been raised in his original motion for new trial or his earlier habeas petitions. Because Wells was attempting to relitigate claims already addressed in prior proceedings, the court found the res judicata defense was properly applied and the petition was correctly dismissed.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Application of res judicata doctrine to habeas corpus proceedings
  • Finality of judgments in criminal cases
  • Successive habeas corpus petitions raising identical claims

Procedural posture

Wells appealed the Superior Court of Meriwether County's dismissal of his third habeas corpus petition on grounds of res judicata, after two previous habeas petitions filed in different counties had been similarly dismissed.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Candler, Justice.

Luther C. Wells, Jr. was indicted, tried and convicted in DeKalb County for the murder of J. C. Nix, W. E. Johnson, and John Brandon. On the jury’s recommendation of mercy, he was sentenced to life service in the penitentiary. He was denied a new trial and this court affirmed that judgment on February 10, 1954. See Wells, alias Wilson, v. State, 210 Ga. 422 (80 S. E. 2d 153). On June 28, 1954, he presented a petition for the writ of habeas corpus to the Judge of the Superior Court of Tattnall County, alleging that he was being illegally detained by R. P. Balk-corn, Jr., as Warden of the State’s Penitentiary, under the life sentence imposed on him in DeKalb County. His petition was later dismissed on general demurrer, and there was no exception to that judgment. On May 26, 1956, he presented another petition for the writ of habeas corpus to the Judge of the City Court of Reidsville, in which he likewise alleged that he was being illegally detained by Warden Balkcom under the aforementioned sentence. This petition was likewise dismissed on general demurrer, and no exception was taken to that judgment. On September 14, 1957, he presented to the Judge of the Superior Court of Meriwether County a petition for the writ of habeas corpus, in which he alleged that he was being illegally detained by Maynard Keith, as Warden of the Meriwether Prison Camp, under the aforementioned life sentence. Keith, as such warden, responded to the writ and filed a plea of res judicata. On the trial, this plea was sustained, the petition was dismissed, and the applicant was remanded to the custody of the respondent. The exception is to that judgment. Held:

In at least four earlier cases, this court has applied to habeas corpus proceedings the principle in Code § 110-501 which reads as follows: “A judgment of a court of competent jurisdiction shall be conclusive between the same parties and their privies as to all matters put in issue, or which under the rules of law might have been put in issue in the cause wherein the judgment was rendered, until such judgment shall be reversed or set aside.” See Andrews v. Aderhold, 201 Ga. 132, 137 (39 S. E. 2d 61), and the cases there cited. The petition in this case is indeed lengthy, and we will not undertake to set out its allegations, but we have examined them carefully and they make no attack on the validity of the judgment or sentence under which the applicant is being detained by the respondent, other than those attacks which were made or could have been made in his motion for new) trial or in his two former petitions for habeas corpus. This being true, the respondent’s plea of res judicata was properly sustained on proof of his prior proceedings and the resulting judgments. Hence, the judgment here complained of is not erroneous.

Submitted January 14, 1958

Decided February 7, 1958

Rehearing denied March 7, 1958.

Luther C. Wells, Jr., pro se.

Eugene Cook, Attorney-General, E. Freeman Leverett, Assistant Attorney-General, contra.

Judgment affirmed.

All the Justices concur.