GA Code § 17-8-57 (2021)
2021 Georgia Code|Title 17 - Criminal Procedure|Chapter 8 - Trial|Article 3 - Conduct of Proceedings|§ 17-8-57. Expression or Intimation of Opinion by Judge as to Matters Proved or Guilt of Accused

    It is error for any judge, during any phase of any criminal case, to express or intimate to the jury the judge's opinion as to whether a fact at issue has or has not been proved or as to the guilt of the accused.   Any party who alleges a violation of paragraph (1) of this subsection shall make a timely objection and inform the court of the specific objection and the grounds for such objection, outside of the jury's hearing and presence. After such objection has been made, and if it is sustained, it shall be the duty of the court to give a curative instruction to the jury or declare a mistrial, if appropriate.     Except as provided in subsection (c) of this Code section, failure to make a timely objection to an alleged violation of paragraph (1) of subsection (a) of this Code section shall preclude appellate review, unless such violation constitutes plain error which affects substantive rights of the parties. Plain error may be considered on appeal even when a timely objection informing the court of the specific objection was not made, so long as such error affects substantive rights of the parties.   Should any judge express an opinion as to the guilt of the accused, the Supreme Court or Court of Appeals or the trial court in a motion for a new trial shall grant a new trial.     (Laws 1850, Cobb's 1851 Digest, p. 462; Code 1863, § 3172; Code 1868, § 3183; Code 1873, § 3248; Code 1882, § 3248; Civil Code 1895, § 4334; Penal Code 1895, § 1032; Civil Code 1910, § 4863; Penal Code 1910, § 1058; Code 1933, § 81-1104; Code 1981, §17-8-55; Code 1981, §17-8-57, as redesignated by Ga. L. 1985, p. 1190, § 1; Ga. L. 2015, p. 1050, § 1/SB 99.)   Cross references.   - Corresponding provision relating to civil procedure, § 9-10-7.   Editor's notes.   - Former Code Section 17-8-55 was redesignated as this Code section by Ga. L. 1985, p. 1190, § 1.   Law reviews.   - For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For article, "Criminal Law," see 53 Mercer L. Rev. 209 (2001). For article, "Evidence," see 53 Mercer L. Rev. 281 (2001). For annual survey of criminal law, see 57 Mercer L. Rev. 113 (2005). For annual survey of criminal law, see 58 Mercer L. Rev. 83 (2006). For annual survey of law on criminal law, see 62 Mercer L. Rev. 87 (2010). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 91 (2015). For annual survey of criminal law, see 67 Mercer L. Rev. 31 (2015). For comment on Sanders v. State, 66 Ga. App. 128, 17 S.E.2d 251 (1941), see 4 Ga. B.J. 51 (1942). For comment on Brock v. State, 91 Ga. App. 141, 85 S.E.2d 177 (1954), holding that a statement by the trial judge designating a witness as an accomplice is a violation by the trial court of the inhibition against an expression by the trial judge as to what has been proved, see 17 Ga. B.J. 501 (1955).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Inquiries by the Judge   Rulings by the Judge   Jury Charges and Curative Instructions   Necessity for Objection or Motion    RESEARCH REFERENCES   C.J.S.   - 89 C.J.S. (Rev), Trial, § 610 et seq.   ALR.    - Propriety of instructions as to the significance of evidence concerning the defendant's good character as an element bearing upon the question of reasonable doubt, 10 A.L.R. 8; 68 A.L.R. 1068.    Remark of judge during trial of criminal case as comment on weight of evidence, 10 A.L.R. 1116.    Right to and propriety of instruction as to credibility of defendant in criminal case as a witness, 85 A.L.R. 523.    Comments and conduct of judge calculated to coerce or influence jury to reach verdict in criminal case, 85 A.L.R. 1420.    Propriety and correctness of instructions regarding maxim "falsus in uno, falsus in omnibus," 90 A.L.R. 74.    Scope and application of rule which permits judge in criminal case to comment on weight or significance of evidence, 113 A.L.R. 1308.    Propriety and effect of instruction or requested instruction which either affirms or denies jury's right to draw unfavorable inference against a party because he invokes privilege against testimony of person offered as witness by the other party or because he fails to call such person as a witness, 131 A.L.R. 693.    Instructions disparaging defense of alibi, 146 A.L.R. 1377.    Comments in judge's charge to jury disparaging expert testimony, 156 A.L.R. 530.   Propriety and effect of court's indication to jury that court would suspend sentence, 8 A.L.R.2d 1001.   Remarks or acts of trial judge criticizing, rebuking, or punishing defense counsel in criminal case, as requiring new trial or reversal, 62 A.L.R.2d 166.   Right to withdraw motion for mistrial, 100 A.L.R.2d 375.   Propriety of specific jury instructions as to credibility of accomplices, 4 A.L.R.3d 351.   Prejudicial effect of statement of court that if jury makes mistake in convicting it can be corrected by other authorities, 5 A.L.R.3d 974.   Propriety and prejudicial effect of comment or instruction by court with respect to party's refusal to permit introduction of privileged testimony, 34 A.L.R.3d 775.   Prejudicial effect of trial judge's remarks, during criminal trial, disparaging accused, 34 A.L.R.3d 1313.   Propriety and prejudicial effect of instructions on credibility of alibi witnesses, 72 A.L.R.3d 617.   Instructions to jury: sympathy to accused as appropriate factor in jury consideration, 72 A.L.R.3d 842.   Propriety and prejudicial effect of trial court's inquiry as to numerical division of jury, 77 A.L.R.3d 769.   Double jeopardy as bar to retrial after grant of defendant's motion of mistrial, 98 A.L.R.3d 997.   Propriety of jury instruction regarding credibility of witness who has been convicted of a crime, 9 A.L.R.4th 897.   Modern status of law regarding cure of error, in instruction as to one offense, by conviction of higher or lesser offense, 15 A.L.R.4th 118.   Post-retirement out-of-court communications between jurors and trial judge as grounds for new trial or reversal in criminal case, 43 A.L.R.4th 410.   Disqualification from criminal proceedings of trial judge who earlier presided over disposition of case of coparticipant, 72 A.L.R.4th 651.   Gestures, facial expressions, or other nonverbal communication of trial judge in criminal case as ground for relief, 45 A.L.R.5th 531.   Disqualification or recusal of judge due to comments at Continuing Legal Education (CLE) seminar or other educational meetings, 49 A.L.R.6th 93.   Justification and correction of remarks or acts of state trial judge criticizing, rebuking, or punishing defense counsel in criminal case as otherwise requiring new trial or reversal, 54 A.L.R.6th 429.   What constitutes accused's consent to court's discharge of jury or to grant of motion for mistrial which will constitute waiver of former jeopardy plea - silence or failure to object or protest, 103 A.L.R.6th 137.   Gender Bias on Part of Judge or Arbitrator, 55 A.L.R.7th 2.