Legal Opinion · Dissent

Cliatt v. State

Court of Appeals of Georgia

Decided December 5, 1989No. A89A1445Published

1DissentBenham, Judge

While I agree with the majority that a demand for speedy trial is effective to invoke the statutory sanction of mandatory acquittal only when filed in a court of record having both regular terms and the authority to impanel juries, I do not agree with the majority’s decision that the demand originally filed in recorder’s court was not effective in state court. The majority implicitly holds that a viable demand can never be filed in a non-jury, non-term court, thereby vitiating that portion of OCGA § 17-7-170 which provides for viability upon transfer without the defendant’s request.

The 1987…

2Cases cited4 opinions

  1. Majia v. StateCourt of Appeals of Georgia · 1985
  2. Adams v. StateCourt of Appeals of Georgia · 1988
  3. Ramsey v. StateCourt of Appeals of Georgia · 1988
  4. Marks v. StateCourt of Appeals of Georgia · 1989

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