Legal Opinion

ROBERTS v. the STATE.

Court of Appeals of Georgia

Decided January 29, 2018No. A17A1577Published

1Opinion of the Court

Miller, Presiding Judge.

James Earl Roberts, proceeding pro se, appeals the trial court's order denying him pauper's status. Roberts contends that the trial court erred by failing to hold a hearing on his affidavit of indigence. We agree, and thus, we reverse the trial court's order and remand the case for further proceedings.

While a merits review of the trial court's indigence determination is generally unauthorized, this Court may review the trial court's procedure in making its decision. Roberson v. State , 300 Ga. 632 , 635 (III), 797 S.E.2d 104 (2017) ; see also Collier v. Colfin AI GA I,…

2Cases cited7 opinions

  1. Quick v. StateCourt of Appeals of Georgia · 1983
  2. Roberson v. StateSupreme Court of Georgia · 2017
  3. Boyd v. JohnGalt Holdings, LLCCourt of Appeals of Georgia · 2012
  4. Brown v. CrawfordSupreme Court of Georgia · 2011
  5. Gruner v. ThackerCourt of Appeals of Georgia · 2013

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API