Cliatt v. State
Court of Appeals of Georgia
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
- Majia v. StateCourt of Appeals of Georgia · 1985
- Adams v. StateCourt of Appeals of Georgia · 1988
- Ramsey v. StateCourt of Appeals of Georgia · 1988
- Marks v. StateCourt of Appeals of Georgia · 1989