Title 17 — Criminal Procedure

Additional personnel provided circuit public defenders. Contracting with council for, §17-12-32. Alternative delivery system for representing indigent defendants. Judicial circuit composed of single county, §17-12-36. Contracting with circuit public defender. Providing legal repr…

State, 300 Ga. 500, 796 S.E.2d 708 (2017). No speedy trial violation. — Convictions for armed robbery, aggravated assault with the intent to rob, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon were proper because the de…

A plea of misnomer should state the true name of the accused person, that he had never been known by any other name than that, and that he was not known and called by the name which was contained in the indictment or accusation. History. — Penal Code 1895, § 954; Penal Code 1910,…

Demurrers and special pleas to be in writing; right to plead ‘‘not guilty’’ if demurrer or plea denied. Plea of misnomer. Time for making exception to form of indictment or accusation. PART 2 INSANITY AND MENTAL INCOMPETENCY 17-7-129. Mental capacity to stand trial; release of co…

Procedure upon, §17-7-130. Speedy trial, demand. Period of time not included in determining if demand satisfied, §§17-7-170, 17-7-171. Trial on issue of competency. Court determining, §17-7-129. Procedures, §17-7-130. Mental health. Accused’s mental competency at time of crime. Pr…

Presumption of mental competency. Prior adjudication of competence to be executed, §17-10-69. Procedure to establish mental incompetency, §17-10-68. Motions. Illegally seized evidence. Motion to suppress, §17-5-30. Mutiny. Testimony of inmates in trials for crime of mutiny, §17-8…

(a) For purposes of this Code section, the term: (1) ‘‘Insane at the time of the crime’’ means meeting the criteria of Code Section 16-3-2 or 16-3-3. However, the term shall not include a mental state manifested only by repeated unlawful or antisocial conduct. (2) ‘‘Intellectual …

Subsequent changes, §17-7-152. Transfer of evidence, list of witness and papers, §17-7-151. Defendant arrested, held or present in county other than that in which indictment or accusation is pending, §17-2-4. VANS. Assault in public transit vehicle or station. Simple assault. Chi…

If, on motion, the judge presiding in the court to which a case has been transferred is satisfied that a fair and impartial jury cannot be obtained therein, he shall, in the manner prescribed in subsection (a) of Code Section 17-7-150, transfer the case to some other county where …

State, 235 Ga. App. 296, 509 S.E.2d 368 (1998). Trial court did not err in denying the defendant’s motion for acquittal and discharge since the demand simply documented the defendant’s request to be tried by a jury. Chastain v. State, 237 Ga. App. 640, 516 S.E.2d 362 (1999). When…

Extension of period for limitation on prosecutions, §17-3-3. Entry, §17-8-3. NOLO CONTENDERE, §17-7-95. Trial upon plea of, §17-7-70.1. NONAPPEARANCE. Bail and recognizance. Forfeiture of bond on principal’s failure to appear, §17-6-31. Unsecured judicial release. Effect of failu…

Crime victims’ compensation. Rights of state, §17-15-12. Victim compensation payments. Rights of state, §17-15-12. SUMMONS AND PROCESS. Legislators exemption, §17-8-28. Litter offenses. Trial upon summons with or without accusation, §17-7-73. SUPPRESSION OF EVIDENCE. Searches and…

A defendant who fails to use the subpoena power provided for in Code Section 17-7-191, when it is within his power to do so, shall not be entitled to a continuance because a witness material to his defense is not in attendance at the term of the court when his case is called for …

Delivery of accused to person in charge of jail, §17-7-32. Release pending voluntary surrender, §17-10-9.1. Mutinous conduct.

Applicability, hearsay admissible, §§17-4-40, 17-7-28. Silence of accused. Effect of failure of accused to testify, §17-7-28. Time granted parties to prepare case and to secure counsel, §17-7-24. Witnesses. Bonds to secure appearance, §§17-7-26, 17-7-27. Power of court to compel …

State, 167 Ga. App. 840, 308 S.E.2d 14 (1983) (decided under former O.C.G.A. § 17-7-210). If evidence of in-custody statements was newly discovered and was revealed to defense counsel as soon as practicable after its discovery and defense counsel was then afforded an opportunity …

State, 209 Ga. App. 366, 433 S.E.2d 641 (1993) (decided under former O.C.G.A. § 17-7-211). Handwritten notes and experiments of state’s experts were not scientific reports for purposes of discovery under former O.C.G.A. § 17-7-211. Williams v. State, 251 Ga. 749, 312 S.E.2d 40 (19…

Requisition. Who application for requisition made by, §17-13-1. MEDICAL EXAMINATIONS. Forensic medical examination. Free examinations, victims’ right, §17-5-72. Responsibility for cost, §17-15-15.

Transcript of testimony, §17-8-5. Escapees from correctional institutions. Testimony of other inmates at trial of, §17-8-50. Failure of accused to testify. No presumption, no comment. Commitment hearings, §17-7-28. Felony cases. Recordation of testimony, §17-8-5. 1592 INDEX CRIMI…

Bail after waiver of hearing. Entry of memorandum on warrant, §17-6-16. Bail bond posted for hearing. Use for trial appearance, §17-6-14. Granting of bail where hearing delayed, §17-7-24. Commitment of accused for offense other than that stated in warrant, §17-7-29. CRIMINAL LAW …

Proceedings upon plea, §17-7-131. Competency to stand trial. Accused found mentally incompetent to stand trial, §17-7-130. 1581 INDEX CRIMINAL LAW AND PROCEDURE —Cont’d Competency to stand trial —Cont’d Bona fide doubt as to competency. Court’s duty to inquired into competency, §1…

Pandering. By compulsion. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Pimping. Bail restricted offense. Unsecured judicial release, offenses not eligible for, §17-6-12. Child witnesses. Presence of accused, testimony outside of, §17-8-55. Trafficking of …

The following form, or one in substance the same, shall be deemed to be a sufficient commitment: Georgia, County. (name of the defendant) having been arrested on a warrant for the offense of and brought before me, after hearing evidence it is ordered that he be committed for tria…

Whenever any judicial officer sitting as a court of inquiry binds over a defendant to appear at an appropriate court to answer any charge, it shall be the duty of the judicial officer to write on the warrant the names of each witness for the state who appeared at the commitment h…

Evidence, §17-7-28. Applicability of rules, hearsay admissible, §§17-4-40, 17-7-28. Failure of accused to testify. No presumption, no comment allowed, §17-7-28. Form of commitment, §17-7-30. Disposition, §17-7-32. Hearsay admissible, §17-7-28. Informalities in proceedings. Effect…

Felony cases, §17-10-2. PRESENTMENTS. Special presentments. Against corporations, §17-7-92. Law enforcement officers. Indictment or special presentment of peace officer for crime in performance of duties, §17-7-52. 1632 INDEX PRESENTMENTS —Cont’d Special presentments —Cont’d Pres…

Restitution as condition, §17-14-5. Restitution, §17-14-5. Transfer of case from superior court to juvenile court. Failure to timely present case to grand jury, §17-7-50.1. JUVENILE DETENTION FACILITIES. Arrested persons. Transportation to facility by law enforcement officer, §17…

Legal defense for indigents generally, §§17-12-1 to 17-12-80. INDIGENT DEFENSE ACT. Generally, §§17-12-1 to 17-12-80. Short title, §17-12-1. INDIGENT DEFENSE COUNCIL. Public defender council. Generally, §§17-12-1 to 17-12-12.1. INCOME TAXES. Exemptions. Victim compensation, §17-1…

Special presentments. Indictment or special presentment of peace officer for crime in performance of duties, §17-7-52. Witnesses. Discovery in criminal cases. Work location and phone number of officer, §17-16-8. LAW SCHOOLS. Legal defense of indigent defendants. Third-year law st…

State, 282 Ga. 103, 646 S.E.2d 253 (2007). Trial court erred in granting the defendant’s plea in bar because double jeopardy did not bar a second trial on the same charges since the retrial was granted due to an erroneous evidentiary ruling; the order granting a new trial did not…

(a) Every indictment of the grand jury which states the offense in the terms and language of this Code or so plainly that the nature of the offense charged may easily be understood by the jury shall be deemed sufficiently technical and correct. The form of every indictment shall …

Quashing of second grand jury indictment or presentment as bar to further prosecution, §17-7-53.1. Witnesses. Law enforcement officers. Indictment or special presentment of peace officer for crime in performance of duties. Right of officer to testify, §§17-7-52, 17-7-70.1. Materi…

State, 263 Ga. App. 843, 589 S.E.2d 610 (2003). Indictment for misdemeanor battery sufficient. — Trial court correctly denied the defendant’s motion to quash a count alleging misdemeanor battery because the allegations of the count were not too vague, uncertain, or unclear as con…

In probate, magistrate, and municipal courts that have jurisdiction over violations of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that are punishable as misdemeanors in accordance with Code Section 15-9-30.7, 15-10-2.1, …

Failure of clerk to record, §17-7-97. Guilty pleas, §17-7-93. Not guilty pleas, §17-7-94. Silence of accused, §17-7-94. Silence of accused. Recordation and effect, §17-7-94. POLYGRAPH EXAMINERS. Polygraph examinations. Sexual assault protocol. Victim’s right to refuse request for…

— For survey article on business associations, see 34 Mercer L. Rev. 13 (1982). For annual survey of cases concerning business associations, see 39 Mercer L. Rev. 53 (1987). For article, ‘‘Individual Accountability for Corporate Crime,’’ see 34 Ga. St. U. L. Rev. 335 (2018).

State, 287 Ga. App. 759, 652 S.E.2d 836 (2007). Trial court properly denied the defendant’s motion to withdraw the defendant’s guilty pleas because the defendant did not move to withdraw the defendant’s guilty pleas until the term of court following the term in which the defendan…

Acts constituting, §17-4-1. Affidavits. Contents, §17-4-41. Form of affidavit for arrest warrant, §17-4-45. Warrants issued by video conference, §17-4-47. 1559 INDEX ARREST —Cont’d Arrested persons, §§17-4-21 to 17-4-27, 17-4-40, 17-4-61. Duty of arresting officer to take before …

Accusations in criminal proceedings, §17-7-71. Arrest warrants, §17-4-46. Affidavit, §17-4-45. Commitment of accused, §17-7-30. Indictments, §17-7-54. FOSTER CARE. Assault. Simple assault committed between foster parents and foster children. Child witnesses. Presence of accused, …

Recordation and pronouncement of judgment, §17-7-93. Withdrawal, §17-7-93. Not guilty pleas. Recordation and effect, §17-7-94. Where demurrer or special plea denied, §17-7-111. Receipt and entering, §17-7-91. Silence of accused. Recordation and effect, §17-7-94. Special pleas, §1…