Walker v. State

312 Ga. 640

FINAL COPY S20G1471. WALKER v. THE STATE. BOGGS, Presiding Justice. We granted certiorari in this case to decide whether a trial court’s order dismissing a criminal case for want of prosecution, which does not say that it is with prejudice to refiling, nevertheless constitutes an impermissible dismissal with prejudice if the applicable statute of limitation has run. We conclude that such a dismissal order is without prejudice to refiling, and that, to the extent the statute of limitation bars the State from reaccusing the defendant, that consequence flows from the operation of the…