Legal Opinion

State v. Kell

Supreme Court of Georgia

Decided February 24, 2003No. S02G0997, S02G1144PublishedCited by 18 opinions

1Opinion of the Court

Thompson, Justice.

We granted certiorari to the Court of Appeals in these consolidated cases to determine where venue lies in the prosecution of cases of Medicaid fraud committed by a fraudulent scheme or device under OCGA § 49-4-146.1 (b) (1) (C). We hold that venue is proper in any county where an act was committed in furtherance of the fraudulent transaction. To the extent that the Court of Appeals reached a contrary conclusion in Culver v. State, 254 Ga. App. 297 (1) (b) (562 SE2d 201) (2002) and Cash v. State, 254 Ga. App. 718 (2) (563 SE2d 459) (2002), those cases are reversed.

Case No.…

2Cases cited5 opinions

  1. State v. JohnsonSupreme Court of Georgia · 1998
  2. Priest v. StateSupreme Court of Georgia · 1995
  3. State v. BarberCourt of Appeals of Georgia · 1989
  4. Cash v. StateCourt of Appeals of Georgia · 2002
  5. State v. BarberSupreme Court of Georgia · 1990

3Cited by18 opinions

  1. New York v. Amgen Inc.Court of Appeals for the First Circuit · 2011
  2. Jackson v. StateCourt of Appeals of Georgia · 2011
  3. Malloy v. StateSupreme Court of Georgia · 2013
  4. State v. MayzeSupreme Court of Georgia · 2005
  5. Doe v. Young Women's Christian Ass'n of Greater Atlanta, Inc.Court of Appeals of Georgia · 2013

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