Y’all haven’t forgotten about Gunna, right? After being indicted in a RICO case in May, he has only seen the bars of a jail. But now in a new petition, his attorneys are making an attempt to have him released.
Although Gunna’s attorneys have been asking a Fulton County judge to free the Atlanta rapper on bond for months, they have not budged. As a result, they are now turning to Henry County, the location of the jail where the rapper is being held, according to Billboard.
They have filed a writ of habeas corpus, which is used to “bring a prisoner or other detainee before the court to determine if the person’s imprisonment or detention is lawful,” according to Cornell Law School.
In the petition, Gunna’s attorney wrote, “To allow Mr. Kitchens to be held in jail by the unsworn claims and conclusions of the state, devoid of any specific facts or supporting evidence—over objection by the defense—is to render his presumption of innocence meaningless and to discard his right to due process.”
From Billboard:
Habeas petitions must be filed in the jurisdiction where a prisoner is held, and Gunna is currently held in the Henry County Jail. But the maneuver provides a convenient way to get around Fulton County Superior Court, which has repeatedly denied Gunna’s requests to be released on bond.
The habeas maneuver should also provide a route for appeal. The judge in Fulton County has refused to allow Gunna’s attorneys to file a mid-case, “interlocutory” appeal to challenge the denial of bail. But if the habeas petition is denied, Gunna has the right to automatically challenge the ruling – and his imprisonment – to a state appeals court.
Born Sergio Kitchen, Gunna’s attorneys have been working tirelessly to get the “Pushin P” rapper released. Despite a 2023 trial date looming, Gunna seems to be thinking positively giving the fans a peek every few weeks of how he’s doing. Earlier this year he wrote an open letter to fans from jail saying that “2022 has been one of the best years of my life, despite this difficult situation.” In a video call posted on social media with friends and family, the rapper looked to be in good spirits laughing and smiling in the short clip.
Support has also only been growing during Gunna’s time in jail and many rappers and celebrities have jumped in to support the hip-hop star, including attorney Kim Kardashian, who tweeted out “Free P” in support of the Atlanta rapper.