Title 17 — Criminal Procedure

0 chapters · 345 sections in this title.

27 sectionsFiltered byTitle 17 Ch 8

O.C.G.A. § 17-8-1 Capital punishment
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General provisions, §§17-10-30 to 17-10-44. Mental incompetency to be executed, §§17-10-60 to 17-10-71. Child abandonment. Sentence suspension, modiﬁcation or probation. Payment of child support as condition, §17-10-1. Child molestation. Child witnesses. Presence of accused, test…
O.C.G.A. § 17-8-2 Joint trials, §17-8-4
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Judge’s expression or intimation of opinion as to matters proved or guilt of accused. Jury trial, §17-8-57. Mental incompetency to stand trial. Proceedings upon plea of mental incompetency, §17-7-130. Mistrial. Argument of counsel. Improper statements, §17-8-75. Mention of possib…
O.C.G.A. § 17-8-21 When showing for continuance required of state
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In all cases in which the defendant cannot, according to law, demand a speedy trial, a continuance shall not be granted to the state, except upon a reasonable showing therefor. History. — Ga. L. 1862-63, p. 138, § 1; Code 1863, § 4592; Code 1868, § 4613; Code 1873, § 4710; Code 1…
O.C.G.A. § 17-8-23 Showing of due diligence required of applicants for continuances generally
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When showing for continuance required of state. Consideration of motion for continuance by court generally; allowance of counter-showing to motion. Absence of party as grounds for granting continuance. 17-8-33. 17-8-34. 688 Absence or illness of counsel as grounds for granting co…
O.C.G.A. § 17-8-25 Absence of witness as grounds for granting continuance
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In all applications for continuances upon the ground of the absence of a witness, it shall be shown to the court that the witness is absent; that he has been subpoenaed; that he does not reside more than 100 miles from the place of trial by the nearest practical route; that his t…
O.C.G.A. § 17-8-3 State v
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Serio, 257 Ga. App. 369, 571 S.E.2d 168 (2002). Trial court properly vacated the court’s ﬁrst nolle prosequi order entered pursuant to O.C.G.A. § 17-8-3 and substituted one entered in open court almost two years later; while a trial court could vacate an order of nolle prosequi a…
O.C.G.A. § 17-8-30 Board of human services meetings
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Party or attorney in attendance, §17-8-30. General assembly members and staff. Party or attorney in attendance at general assembly, §17-8-26. 1582 INDEX CRIMINAL LAW AND PROCEDURE —Cont’d Continuances —Cont’d Grounds for granting —Cont’d General assembly members and staff —Cont’d…
O.C.G.A. § 17-8-34 Granting of continuances in cases returned by appellate court for trial
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When a case is sent back for trial to a superior, state, or city court by the Supreme Court or Court of Appeals, the case shall be in order for trial; and, if the continuances of either party are exhausted, the trial court may grant one continuance to the party, as the ends of ju…
O.C.G.A. § 17-8-35 Consideration by court, §17-8-22
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Date of continuance. Entry upon court docket, §17-8-36. Duration of continuance, §17-8-37. General assembly members and staff. General assembly in session, presence elsewhere required by general assembly duties, §17-8-26. Witness in attendance at general assembly, §17-8-28. Grant…
O.C.G.A. § 17-8-36 Granting
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Cases returned by appellate court for trial, §17-8-34. Where indictment found or accusation made, §17-8-33. Where material witness unavailable, §17-8-33. Where postponement possible to later date in term, §17-8-33. Where required by principles of justice, §17-8-33. Grounds for gr…
O.C.G.A. § 17-8-37 Duration of continuance
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When a court grants a continuance of a pending case for whatever cause, the continuance shall extend until the next term of court only. 775 17-8-37 T.17, C.8, A.3 CRIMINAL PROCEDURE History. — Laws 1799, Cobb’s 1851 Digest, p. 486; Code 1863, § 3448; Code 1868, § 3468; Code 1873,…
O.C.G.A. § 17-8-38 Case not reached at trial term continued
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A case not reached at the trial term stands over as continued. History. — Orig. Code 1863, § 3455; Code 1868, § 3475; Code 1873, § 3526; Code 1882, § 3526; Civil Code 1895, § 5133; Civil Code 1910, § 5719; Code 1933, § 81-1414.
O.C.G.A. § 17-8-4 Durden v
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State, 219 Ga. App. 732, 466 S.E.2d 641 (1995). Prejudicial testimony by codefendant. — Claim that codefendant’s testimony implicating the defendant was prejudicial did not amount to the clear showing of prejudice and denial of due process necessary to require a severance. Kenned…
O.C.G.A. § 17-8-5 SURETIES
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Criminal bonds, §§17-6-30 to 17-6-55. T TEACHERS. Arrest warrant issuance for arrest of teacher. Alleged offense committed in performance of duties, §17-4-40. Battery against teacher. Child witnesses. Presence of accused, testimony outside of, §17-8-55. TENDER OF PAYMENT. Bail an…
O.C.G.A. § 17-8-51 Protective orders
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Harassment of victim or witness in criminal case, §17-17-16. Self-incrimination. Privilege against. Accused. Commitment hearings, §17-7-28. Temporary restraining orders. Harassment of victim or witness in criminal case, §17-17-16. Transcript of testimony. Death penalty cases, §17…
O.C.G.A. § 17-8-52 Oath to be administered to witnesses
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(a) The following oath shall be administered to witnesses in criminal cases: ‘‘Do you solemnly swear or affirm that the evidence you shall give to the court and jury in the matter now pending before the court shall be the truth, the whole truth, and nothing but the truth? So help…
O.C.G.A. § 17-8-53 Readiness for trial
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Requirement of announcement by state prior to announcement by defendant, §17-7-172. Separate trials. Codefendants, §17-8-4. Special presentments to be presented to jury, §17-8-2. Speedy trial. Capital cases. Demand, ﬁling, §17-7-171. Discharge for lack of timely prosecution, §17-…
O.C.G.A. § 17-8-55 Requirements regarding reporting instances of child abuse, § 19-7-5
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Administration of corporal punishment in schools, §§ 20-2-731, 20-2-732. Editor’s notes. — Ga. L. 1995, p. 957, § 1, not codified by the General Assembly, provides: ‘‘This Act shall be known and may be cited as the ‘Child Protection Act of 1995’.’’ Ga. L. 1999, p. 381, § 1, not c…
O.C.G.A. § 17-8-57 Smith v
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State, 236 Ga. App. 122, 511 S.E.2d 223 (1999). Trial court did not err in allowing the state a recess to review a point of law and by offering to allow a recess for the state to subpoena a missing ﬁle as the scope of O.C.G.A. § 17-8-57 is conﬁned to matters occurring before the …
O.C.G.A. § 17-8-58 Marshall v
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State, 285 Ga. 351, 676 S.E.2d 201 (2009). Instruction on intelligence of witnesses. — Trial court did not commit 856 reversible error, much less ‘‘plain error’’ pursuant to O.C.G.A. § 17-8-58(b), by instructing the jury that the jury could consider the intelligence of the witnes…
O.C.G.A. § 17-8-6 Authority of municipal court to seal criminal records
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(a) Any judge of a municipal court of any municipality of this state or any judge hearing cases for any such court wherein a municipal court is a court of ﬁrst instance in criminal cases shall have the authority to seal, to all persons except criminal justice officials, all crimi…
O.C.G.A. § 17-8-70 Number of counsel permitted to argue case
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Not more than two counsel shall be permitted to argue any case for each side, except by express leave of the court. In no case shall more than one counsel for each side be heard in conclusion. History. — Ga. L. 1924, p. 75, § 1; Code 1933, § 27-2202.
O.C.G.A. § 17-8-71 Hammond v
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State, 264 Ga. 879, 452 S.E.2d 745, cert. denied, 516 U.S. 829, 116 S. Ct. 100, 133 L. Ed. 2d 54 (1995). Right granted to defendants who introduce no evidence does not deny equal protection. — Allowance of an accused who has not introduced evidence to have the opening and closing…
O.C.G.A. § 17-8-73 Miller v
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State, 281 Ga. App. 354, 636 S.E.2d 60 (2006), cert. denied, No. S07C0087, 2007 Ga. LEXIS 106 (Ga. 2007). Presumption of harm not rebutted. — Although defense counsel was not completely cut off from making a closing argument on the defendant’s behalf, the trial court erred in not…
O.C.G.A. § 17-8-74 Allowance of additional time for closing argument
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If, before argument begins, counsel on either side applies to the court for an extension of the time prescribed for argument and states in his place or on oath, in the discretion of the court, that he cannot do the case justice within the time prescribed and that it will require …
O.C.G.A. § 17-8-75 Whatley v
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State, 165 Ga. App. 13, 299 S.E.2d 87 (1983). Trial court did not err by allowing the state to make improper and prejudicial comments during the defendant’s trial on drug-related offenses as defense counsel only objected to the prosecutor’s statement recounting defendant’s previo…
O.C.G.A. § 17-8-76 Finney v
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State, 253 Ga. 346, 320 S.E.2d 147 (1984), cert. denied, 470 U.S. 1088, 105 S. Ct. 1854, 85 L. Ed. 2d 151 (1985). Viewed in context, the prosecutor’s statements during closing argument merely served to remind the jury that the jurors were to be concerned with the defendant’s guil…