Legal Opinion · Concurrence

Walker v. State

Supreme Court of Georgia

Decided March 19, 2012No. S11A1449Published

1ConcurrenceMelton, Justice

This Court need not, and should not, overrule its prior case law that has directly and repeatedly interpreted OCGA § 17-7-171 (b) to “provide [ ] for discharge and acquittal in capital cases if a defendant *702is not given a trial within two regular terms of court following the filing of a demand for trial, assuming jury availability and the defendant’s readiness.” (Emphasis supplied.) Tutt v. State, 267 Ga. 49, 50 (472 SE2d 306) (1996); Burns v. State, 265 Ga. 763 (462 SE2d 622) (1995) (trial court properly denied motion for discharge where defendant “did not satisfy the statutory requirement…

2Cases cited10 opinions

  1. Radioshack Corp. v. Cascade Crossing II, LLCSupreme Court of Georgia · 2007
  2. Burns v. StateSupreme Court of Georgia · 1995
  3. Bailey v. StateCourt of Appeals of Georgia · 1993
  4. Rice v. StateSupreme Court of Georgia · 1995
  5. Smith v. StateSupreme Court of Georgia · 1991

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