Legal Opinion
In the Interest of M. D. H.
Supreme Court of Georgia
Decided October 31, 2016No. S16G0428; S16G0546PublishedCited by 18 opinions
1Opinion of the Court
NAHMIAS, Justice.
According to OCGA § 15-11-521 (b), the State mustfile apetition alleging delinquency against a juvenile who is not detained within 30 days of the filing of the complaint or seek an extension of that deadline from the juvenile court. These cases present the question of what happens when the State fails to meet this requirement.
In In the Interest of M. D. H., 334 Ga. App. 394 (779 SE2d 433) (2015), a panel of the Court of Appeals held that the failure to comply with OCGA § 15-11-521 (b) requires dismissal of the juvenile case, but the dismissal is without prejudice. See M. D.…
2Cases cited12 opinions
- Sanchez v. Walker County Department of Family & Children ServicesSupreme Court of Georgia · 1976
- Chase v. StateSupreme Court of Georgia · 2009
- In the Interest of R. D. F.Supreme Court of Georgia · 1996
- Zilke v. StateSupreme Court of Georgia · 2016
- In the Interest Of: M. D. H., a ChildCourt of Appeals of Georgia · 2015
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- QUYNN v. HULSEYSupreme Court of Georgia · 2020
- In re M. F.Supreme Court of Georgia · 2019
- In THE INTEREST OF M.F., a ChildSupreme Court of Georgia · 2019
- Garrison v. StateSupreme Court of Georgia · 2024
- Mooney v. WebsterSupreme Court of Georgia · 2016
13 more not listed; retrieve them via the Exa API.