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S11A0237. MYERS v. LAWRENCE, SHERIFF
State: Georgia
Court: Supreme Court
Docket No: S11A0237
Case Date: 05/31/2011
Preview:Final Copy 289 Ga. 240 S11A0237. MYERS v. ST. LAWRENCE. HINES, Justice. Pro se appellant James K. Myers appeals the denial of his pre-trial petition for a writ of habeas corpus. For the reasons that follow, we affirm. Myers was indicted on charges of aggravated assault, obstruction of a law enforcement officer, criminal damage to property, and simple battery against a pregnant person. The trial court denied a pre-trial bond,1 finding that Myers posed: a significant flight risk; a significant threat to persons, the community, or property; a significant risk for committing a felony pending trial; and a significant risk for intimidating witnesses. The court also noted that Myers had a lengthy history of felonies2 and had previously been a fugitive from justice. While awaiting trial, Myers filed a petition for a writ of habeas corpus, contending that his detention without bail was illegal, and that his counsel was ineffective. After a hearing, the habeas court denied the

Myers contends he was refused bail three times, although only one such order appears in the record. At Myers's habeas corpus hearing, an assistant district attorney testified that she had filed a notice of intent to prosecute Myers as a recidivist.
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petition. 1. Myers has been charged with felonies and, thus, he is not entitled to bail as a matter of right. Constantino v. Warren, 285 Ga. 851, 853 (1) (684 SE2d 601) (2009). Rather, whether he should have been released on bail is governed by OCGA
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