Legal Opinion · Concurrence

Moon v. State

Supreme Court of Georgia

Decided June 7, 2010No. S10A0674Published

1ConcurrenceNahmias, Justice

I join the majority opinion in full, but write separately to make two points about the holding that “[i]n criminal cases, . . . the pre-[Civil Practice Act] rule continues to apply, and a trial court’s inherent power to revoke interlocutory rulings still ceases with the end of the term. Pledger v. State, 193 Ga. App. 588, 589 (2) (a) (388 SE2d 425) (1989).” Maj. Op. at 304.

1. First, I think it is important to recognize that this rule, which comes from the pre-Revolution English common law, seems outdated, but this Court probably lacks the authority to change it. At *306common law, the rule for…

2Cases cited18 opinions

  1. Warden, Maryland Penitentiary v. HaydenSupreme Court of the United States · 1967
  2. Gouled v. United StatesSupreme Court of the United States · 1921
  3. Funk v. United StatesSupreme Court of the United States · 1933
  4. Morrow v. StateSupreme Court of Georgia · 2000
  5. Roulain v. MartinSupreme Court of Georgia · 1996

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