Supreme Court of Georgia

Thomas v. Caldwell

May 17, 2022313 Ga. 799

Summary

The Court granted Thomas’s application for a certificate of probable cause to appeal, reversed the dismissal of his second habeas petition as successive, and remanded. It held that claims challenging a 2019 resentencing could not reasonably have been raised in Thomas’s initial habeas petition filed and litigated before that resentencing occurred. The Warden conceded this point, so the Court found no need for additional briefing or argument.