SUPREME COURT OF GEORGIA
Case No. S27I0138 October 9, 2026
The Honorable Supreme Court met pursuant to adjournment. The following order was passed:
TYRONE OLIVER, COMMISSIONER v. ANTONIO D. STEWART. Upon consideration of the interlocutory application filed in the above-styled case, the application is hereby granted. The appellant's notice of appeal must be filed in the trial court within ten days after the date shown above. Once the record is received from the trial court and docketed in this Court, notices will be mailed to all counsel showing the date of docketing and the case number assigned. The appellant's enumeration of errors and principal brief will be due within 20 days from the date of docketing; the appellee's response brief will be due within 40 days of docketing or within 20 days after the appellant's principal brief is filed, whichever is later. See Rule 10.
The Court is particularly concerned with, and asks that you address in your briefs, the following:
When a state prisoner held in a county correctional institute files a habeas petition, is it permissible for a trial court to add the Commissioner of the Georgia Department of Corrections, who has legal custody of the prisoner, as a party under OCGA § 9-11-21, or is
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the jail's warden, who has physical custody of the prisoner, the only proper respondent?
All the Justices concur.
SUPREME COURT OF THE STATE OF GEORGIA
Clerk's Office, Atlanta I certify that the above is a true extract from the minutes of the Supreme Court of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk