State v. Smith

Hines, Justice.

We granted certiorari to the Court of Appeals in Smith v. State, 297 Ga. App. 300 (676 SE2d 750) (2009), to consider whether an individual afforded the protections of OCGA §§ 17-7-521 and 45-11-42 is entitled to specific notice of when the proposed indictment will be presented to the grand jury. We conclude that notice of the specific time and place of the grand jury presentment is required to be provided to the accused by the State.

The underlying facts are detailed in the opinion of the Court of Appeals. Smith v. State, supra at 300-302. In summary, following a trial by jury,…