reglab/housing_qa huggingface dataset:
GA Code § 5-4-2 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-2. Petition for Certiorari to Probate Judge Generally

 When either party in any case in any probate court lodges objections to any proceeding or decision in the case, affecting the real merits of the case, the party making the same shall offer the objections in writing, which shall be signed by himself or his attorney and, if the same are overruled by the court, the party may petition the superior court for a writ of certiorari, in which petition he shall plainly, fully, and distinctly set forth the errors complained of. If the court deems the objections to be sufficient, it shall forthwith issue a writ of certiorari, directed to the judge of the probate court, requiring him to certify and send up to the superior court, at the time specified in the writ, all the proceedings in the case.   (Laws 1799, Cobb's 1851 Digest, p. 523; Code 1863, § 3958; Code 1868, § 3978; Code 1873, § 4050; Code 1882, § 4050; Civil Code 1895, § 4635; Civil Code 1910, § 5181; Code 1933, § 19-201.)   OPINIONS OF THE ATTORNEY GENERAL   Procedure.   - Certiorari is a proper procedure, upon election, for a defendant dissatisfied with the rulings of the probate court and, in response to the writ of certiorari, when issued by the superior court, the probate judge must certify and send to the superior court the entire record of the case. 1986 Op. Att'y Gen. No. U86-13.   RESEARCH REFERENCES   Am. Jur. 2d.   - 5 Am. Jur. 2d, Appellate Review, § 333 et seq. 14 Am. Jur. 2d, Certiorari, § 62 et seq.   ALR.    - Certiorari after judgment to test sufficiency of indictment or information as regards the offense sought to be charged, 150 A.L.R. 743.
GA Code § 5-4-3 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-3. Petition for Certiorari to Inferior Judicatories Generally

 When either party in any case in any inferior judicatory or before any person exercising judicial powers is dissatisfied with the decision or judgment in the case, the party may apply for and obtain a writ of certiorari by petition to the superior court for the county in which the case was tried, in which petition he shall plainly and distinctly set forth the errors complained of. On the filing of the petition in the office of the clerk of the superior court, with the sanction of the appropriate judge endorsed thereon, together with the bond or affidavit, as provided in Code Section 5-4-5, it shall be the duty of the clerk to issue a writ of certiorari, directed to the tribunal or person whose decision or judgment is the subject matter of complaint, requiring the tribunal or person to certify and send up all the proceedings in the case to the superior court, as directed in the writ of certiorari.   (Laws 1850, Cobb's 1851 Digest, p. 529; Code 1863, § 3960; Code 1868, § 3980; Code 1873, § 4052; Ga. L. 1878-79, p. 153, § 7; Code 1882, § 4052; Civil Code 1895, § 4637; Civil Code 1910, § 5183; Code 1933, § 19-203.)   Law reviews.   - For annual survey on zoning and land use law, see 69 Mercer L. Rev. 371 (2017). For annual survey on zoning and land use law, see 70 Mercer L. Rev. 301 (2018).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Bond   Decisions from Which Certiorari Is Available   Petition for Certiorari    OPINIONS OF THE ATTORNEY GENERAL   Writ granted only when error complained of is erroneous as a matter of law.   - Under this section, writ of certiorari may be granted only when the judgment complained of is erroneous as a matter of law, and a petition seeking such writ must set forth legal errors committed in police court or other inferior tribunal and pray their correction by superior court. 1960-61 Op. Att'y Gen. p. 96.    Appeals from a municipal court conviction of a traffic offense  may lie in the Court of Appeals or in the superior court depending on the status of the municipal court and the nature of the offense. 1985 Op. Att'y Gen. No. U85-18.   RESEARCH REFERENCES   Am. Jur. 2d.   - 14 Am. Jur. 2d, Certiorari, § 52 et seq.   5B Am. Jur. Pleading and Practice Forms, Certiorari, §§ 81, 88.   C.J.S.   - 14 C.J.S., Certiorari, § 30. 51 C.J.S., Justices of the Peace, § 430 et seq.
GA Code § 5-4-4 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-4. Petition for Certiorari in Appeal Case Tried by Jury in Justice of the Peace Court Generally

 Reserved. Repealed by Ga. L. 1983, p. 884, § 4-2, effective July 1, 1983.   Editor's notes.   - This Code section was based on Ga. L. 1878-79, p. 142, § 1; Code 1882, § 4157j; Civil Code 1895, § 4149; Civil Code 1910, § 4749; Code 1933, § 19-204.
GA Code § 5-4-5 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-5. Bond and Security Required; Certificate of Payment of Costs; Oath of Security; Affidavit of Indigence

  Before any writ of certiorari shall issue, except as provided in subsection (c) of this Code section, the party applying for the same, his agent, or his attorney shall give bond and good security, conditioned to pay the adverse party in the case the sums sought as an award to be recovered, together with all future costs, and shall also produce a certificate from the officer whose decision or judgment is the subject matter of complaint that all costs which may have accrued on the trial below have been paid. The bond and certificate shall be filed with the petition for certiorari, and security on the bond shall be liable as securities on appeal.   The person authorized to receive bond and security may compel the security tendered to swear upon oath the means by which he can fulfill the bond obligation. Such action shall exonerate from liability the person receiving the bond and security.   If the party applying for the writ of certiorari makes and files with his petition a written affidavit that he is advised and believes that he has good cause for certiorari to the superior court and that because of his indigence he is unable to pay the costs or give security, as the case may be, the affidavit shall in every respect answer instead of the certificate and bond above-mentioned.    (Laws 1811, Cobb's 1851 Digest, pp. 523, 524; Code 1863, §§ 3962, 3963, 3964; Code 1868, §§ 3982, 3983, 3984; Code 1873, §§ 4054, 4055, 4056; Code 1882, §§ 4054, 4055, 4056; Civil Code 1895, §§ 4639, 4640, 4641; Ga. L. 1897, p. 33, § 1; Civil Code 1910, §§ 5185, 5186, 5187; Code 1933, §§ 19-206, 19-207, 19-208.)   Law reviews.   - For annual survey on zoning and land use law, see 69 Mercer L. Rev. 371 (2017). For annual survey on zoning and land use law, see 70 Mercer L. Rev. 301 (2018).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Bond   Costs   Affidavit of Indigence    RESEARCH REFERENCES   Am. Jur. 2d.   - 14 Am. Jur. 2d, Certiorari, § 72 et seq.   5B Am. Jur. Pleading and Practice Forms, Certiorari, §§ 81, 88.   C.J.S.   - 14 C.J.S., Certiorari, § 53 et seq.   ALR.   - Right to sue or appeal in forma pauperis as dependent on showing of financial disability of attorney or other nonparty or nonapplicant, 11 A.L.R.2d 607.   What costs or fees are contemplated by statute authorizing proceeding in forma pauperis, 98 A.L.R.2d 292.
GA Code § 5-4-6 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-6. Time for Application for Writ; Filing of Petition; Service of Petition and Writ

  All writs of certiorari shall be applied for within 30 days after the final determination of the case in which the error is alleged to have been committed. Applications made after 30 days are not timely and shall be dismissed by the court.   The certiorari petition and writ shall be filed in the clerk's office within a reasonable time after sanction by the superior court judge; and a copy shall be served on the respondent, within five days after such filing, by the sheriff or his deputy or by the petitioner or his attorney. A copy of the petition and writ shall also be served on the opposite party or his counsel or other legal representative, in person or by mail; and service shall be shown by acknowledgment or by certificate of the counsel or person perfecting the service.    (Laws 1838, Cobb's 1851 Digest, p. 528; Laws 1850, Cobb's 1851 Digest, p. 529; Ga. L. 1855-56, p. 233, § 16; Ga. L. 1858, p. 88, § 1; Code 1863, §§ 2861, 3965; Code 1868, §§ 2869, 3985; Code 1873, §§ 2920, 4057; Code 1882, §§ 2920, 4057; Ga. L. 1889, p. 84, § 1; Civil Code 1895, §§ 3771, 4642; Civil Code 1910, §§ 4365, 5188; Ga. L. 1924, p. 59, §§ 1, 2; Code 1933, §§ 19-209, 19-210; Ga. L. 1961, p. 190, §§ 2, 3.)   Law reviews.   - For annual survey on zoning and land use law, see 70 Mercer L. Rev. 301 (2018).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Time for Filing Application   Notice    RESEARCH REFERENCES   Am. Jur. 2d.   - 14 Am. Jur. 2d, Certiorari, § 52 et seq.   5B Am. Jur. Pleading and Practice Forms, Certiorari, §§ 81, 88.   C.J.S.   - 14 C.J.S., Certiorari, §§ 30 et seq., 41 et seq., 61 et seq.   ALR.   - Applicability of statute of limitations or doctrine of laches to certiorari, 40 A.L.R.2d 1381.
GA Code § 5-4-7 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-7. Time for Filing of Answer; Manner of Service; Effect of Failure to Perfect Service

 The answer to the writ of certiorari shall be filed in the clerk's office within 30 days after service thereof on the respondent unless further time is granted by the superior court. A copy of the answer shall be mailed or delivered to the petitioner by the respondent or by the clerk of the superior court. Failure to perfect service shall be grounds for continuance but shall not otherwise affect the validity of the proceedings.   (Orig. Code 1863, § 3969; Code 1868, § 3989; Code 1873, § 4061; Code 1882, § 4061; Civil Code 1895, § 4646; Civil Code 1910, § 5195; Ga. L. 1918, p. 124, §§ 1, 2; Code 1933, § 19-301; Ga. L. 1961, p. 190, § 5.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 14 Am. Jur. 2d, Certiorari, § 56 et seq.   ALR.   - COVID-19 Related Litigation: Effect of Pandemic on Deadlines for State Court Filings and Hearings, 55 A.L.R.7th 3.
GA Code § 5-4-8 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-8. Writing or Dictation of Answer by Parties, Attorneys, or Interested Persons; When Verification Required

 The answer shall not be written or dictated by either of the parties, or their attorneys, or any other person interested in the merits of the case. If made after the party making the same has retired from office, it shall be verified by affidavit.   (Orig. Code 1863, § 3971; Code 1868, § 3991; Code 1873, § 4063; Code 1882, § 4063; Civil Code 1895, § 4648; Civil Code 1910, § 5197; Code 1933, § 19-303.)   RESEARCH REFERENCES   C.J.S.   - 14 C.J.S., Certiorari, § 47 et seq.
GA Code § 5-4-9 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-9. Filing of Traverse or Exception to Answer; Perfection of Answer

 The petitioner or defendant in certiorari may traverse or except to the answer of the respondent, which exceptions or traverse shall be filed in writing, specifying the defects, within 15 days after the filing of the answer; and, if the traverse or exceptions are sustained, the answer shall be perfected as directed by the court.   (Orig. Code 1863, § 3970; Code 1868, § 3990; Code 1873, § 4062; Code 1882, § 4062; Civil Code 1895, § 4647; Civil Code 1910, § 5196; Code 1933, § 19-302; Ga. L. 1961, p. 190, § 6.)
GA Code § 5-4-11 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-11. Conduct of Hearing Generally; Trial by Jury

  Certiorari cases shall be heard by the court without a jury, in chambers or in open court, upon reasonable notice to the parties, at any time that the matters may be ready for hearing.   Where a traverse to the answer has been filed and jury trial demanded, the matter may be tried at any time a jury is available therefor.    (Orig. Code 1863, § 3972; Code 1868, § 3992; Code 1873, § 4064; Code 1882, § 4064; Civil Code 1895, § 4649; Civil Code 1910, § 5198; Code 1933, § 19-401; Ga. L. 1961, p. 190, § 7.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 14 Am. Jur. 2d, Certiorari, § 90 et seq.   C.J.S.   - 14 C.J.S., Certiorari, § 86 et seq.
GA Code § 5-4-12 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-12. Grounds of Error Considered Generally; Scope of Review; Technical Distinctions Abolished

  No ground of error shall be considered which is not distinctly set forth in the petition.   The scope of review shall be limited to all errors of law and determination as to whether the judgment or ruling below was sustained by substantial evidence.   All technical distinctions as to what questions will be considered, such as questions concerning judgments absolutely void or assignments of error drawing in question the legal constitution or jurisdiction of the tribunal below, are abolished.    (Orig. Code 1863, § 3973; Code 1868, § 3993; Code 1873, § 4065; Code 1882, § 4065; Civil Code 1895, § 4650; Civil Code 1910, § 5199; Code 1933, § 19-402; Ga. L. 1961, p. 190, § 8.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 14 Am. Jur. 2d, Certiorari, § 93 et seq.   C.J.S.   - 14 C.J.S., Certiorari, § 92 et seq.   ALR.   - Existence of jurisdictional facts found by inferior tribunal as subject of inquiry on certiorari, 5 A.L.R.2d 675.
GA Code § 5-4-13 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-13. Grant of Writ for Failure to Prove Venue or Time of Criminal Offense

 No judge of a superior court shall grant a writ of certiorari or sustain the writ in a criminal or quasi-criminal case on the ground that the venue was not proved in the trial court or that the time of the commission of the offense was not proved, unless there is a distinct allegation in the petition for the writ of failure to prove the venue or time and an allegation of error as to such matters.   (Ga. L. 1911, p. 149, § 1; Code 1933, § 19-404.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 21 Am. Jur. 2d, Criminal Law, § 493.   5B Am. Jur. Pleading and Practice Forms, Certiorari, §§ 81, 88.
GA Code § 5-4-14 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-14. Dismissal or Return of Writ to Lower Court With Instructions; Entry by Superior Court of Final Decision Where No Questions of Fact Involved

  Upon the hearing of a writ of certiorari, the superior court may order the same to be dismissed or may return the same to the court from which it came with instructions.   In all cases when the error complained of is an error in law which must finally govern the case, and the court is satisfied that there is no question of fact involved which makes it necessary to send the case back for a new hearing before the tribunal below, it shall be the duty of the judge of the superior court to make a final decision in the case without sending it back to the tribunal below.    (Laws 1850, Cobb's 1851 Digest, p. 529; Code 1863, § 3975; Code 1868, § 3995; Code 1873, § 4067; Code 1882, § 4067; Civil Code 1895, § 4652; Civil Code 1910, § 5201; Code 1933, § 19-501.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 14 Am. Jur. 2d, Certiorari, §§ 85 et seq., 103 et seq.   5B Am. Jur. Pleading and Practice Forms, Certiorari, §§ 81, 88.   C.J.S.   - 14 C.J.S., Certiorari, §§ 92 et seq., 111 et seq.   ALR.   - Existence of jurisdictional facts found by inferior tribunal as subject of inquiry on certiorari, 5 A.L.R.2d 675.
GA Code § 5-4-15 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-15. Requirement of New Trial When Writ Not Answered

 In all cases pending in the superior courts upon certiorari from any inferior judicatory or any person exercising judicial powers, if the judge or other officer before whom the case was tried dies before answering the writ of certiorari or answers that he cannot or does not remember or recollect what occurred at the trial of the case and he therefore cannot or does not make answer to the same, it shall be the duty of the judge who granted the writ of certiorari forthwith to order a new trial of the case in the court below.   (Ga. L. 1861, p. 63, § 1; Code 1868, § 3996; Code 1873, § 4068; Code 1882, § 4068; Civil Code 1895, § 4653; Ga. L. 1899, p. 38, § 1; Civil Code 1910, § 5202; Code 1933, § 19-502; Ga. L. 1933, p. 113, § 1.)   RESEARCH REFERENCES   C.J.S.   - 14 C.J.S., Certiorari, § 118 et seq.
GA Code § 5-4-16 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-16. Recovery of Costs by Plaintiff Where Certiorari Sustained; Recovery of Costs by Plaintiff Where Certiorari Returned to Lower Court for New Trial

 If after the hearing the certiorari is sustained and a final decision thereon is made by the superior court, the plaintiff may have judgment entered for the amount recovered by him in the court below, the costs paid to obtain the certiorari, and the costs in the superior court. If the certiorari is returned to the court below for a new hearing, the plaintiff shall have judgment entered for the costs in the superior court only, leaving the costs paid to obtain the certiorari to be awarded upon the final trial below.   (Orig. Code 1863, § 3977; Code 1868, § 3998; Code 1873, § 4070; Code 1882, § 4070; Civil Code 1895, § 4655; Civil Code 1910, § 5204; Code 1933, § 19-504.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 5 Am. Jur. 2d, Appellate Review, § 849 et seq.
GA Code § 5-4-17 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-17. Recovery of Costs by Defendant Generally

 If the certiorari is dismissed and a final decision is made in the case by the superior court, the defendant in certiorari may have judgment entered in the superior court against the plaintiff and his security for the sum recovered by him, together with the costs in the superior court; and if the case is sent back to the court below, and there is a judgment in the case in favor of the defendant in the court below the security on the certiorari bond shall then be included as in case of security on appeal.   (Orig. Code 1863, § 3978; Code 1868, § 3999; Code 1873, § 4071; Code 1882, § 4071; Civil Code 1895, § 4656; Civil Code 1910, § 5205; Code 1933, § 19-505.)   RESEARCH REFERENCES   5B Am. Jur. Pleading and Practice Forms, Certiorari, §§ 81, 88.   C.J.S.   - 14 C.J.S., Certiorari, § 53 et seq.
GA Code § 5-4-18 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-18. Recovery of Damages for Frivolous Certiorari

 If it shall be made to appear that a certiorari was frivolous and was applied for without good cause or only for the purpose of delay, the presiding judge before whom the writ was heard, on motion of the opposite party, may order that damages totaling not more than 20 percent of the sum adjudged to be due be recovered by the defendant in certiorari against the plaintiff in certiorari and his security; and judgment may be entered and execution issued accordingly.   (Ga. L. 1857, p. 104, § 2; Code 1863, § 3976; Code 1868, § 3997; Code 1873, § 4069; Code 1882, § 4069; Civil Code 1895, § 4654; Civil Code 1910, § 5203; Code 1933, § 19-503.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 5 Am. Jur. 2d, Appellate Review, §§ 891, 892.
GA Code § 5-4-19 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 4 - Certiorari to Superior Court|§ 5-4-19. Operation of Writ of Certiorari as Supersedeas in Civil Cases

 The writ of certiorari, when granted in civil cases, shall operate as a supersedeas of the judgment until the final hearing in the superior court.   (Laws 1850, Cobb's 1851 Digest, p. 529; Code 1863, § 3968; Code 1868, § 3988; Code 1873, § 4060; Code 1882, § 4060; Civil Code 1895, § 4645; Civil Code 1910, § 5191; Code 1933, § 19-213.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 14 Am. Jur. 2d, Certiorari, § 77.   C.J.S.   - 14 C.J.S., Certiorari, § 59 et seq.
GA Code § 5-7-1.1 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 7 - Appeal or Certiorari by State in Criminal Cases|§ 5-7-1.1. Right of State to Direct Appeal in Certain Delinquency Cases

 Repealed by Ga. L. 2000, p. 862, § 3, effective July 1, 2000.   Editor's notes.   - This Code section was based on Ga. L. 1994, p. 856, § 1.
GA Code § 5-7-3 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 7 - Appeal or Certiorari by State in Criminal Cases|§ 5-7-3. Right of Certiorari

 A proceeding by certiorari may be taken by and on behalf of the State of Georgia from one court to another court of this state, where the right of certiorari is provided as a procedure for appealing a judgment, in the specified situations set forth in Code Sections 5-7-1 and 5-7-2.   (Ga. L. 1973, p. 297, § 3.)   Cross references.   - Certiorari to the Court of Appeals, Rules of the Supreme Court of the State of Georgia, Rules 28 - 36.   JUDICIAL DECISIONS    Cited in State v. Moore, 237 Ga. 269, 227 S.E.2d 241 (1976).   RESEARCH REFERENCES   Am. Jur. 2d.   - 14 Am. Jur. 2d, Certiorari, § 7 et seq.   C.J.S.   - 24 C.J.S., Criminal Law, § 2342 et seq.
GA Code § 5-7-4 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 7 - Appeal or Certiorari by State in Criminal Cases|§ 5-7-4. Time Limits and Procedures Governing Appeal and Certiorari by State

 An appeal by the state, except as otherwise provided for in this chapter, and certiorari by the state, when authorized by this chapter, shall be governed by the same laws and provisions as to time and other procedures as apply to other appellants in criminal cases.   (Ga. L. 1973, p. 297, § 4.)
GA Code § 5-7-5 (2021)
2021 Georgia Code|Title 5 - Appeal and Error|Chapter 7 - Appeal or Certiorari by State in Criminal Cases|§ 5-7-5. Right of Accused to Bail; Amount of Bail Reviewable by Appellate Court

 In the event the state files an appeal as authorized in this chapter, the accused shall be entitled to be released on reasonable bail pending the disposition of the appeal, except in those cases punishable by death. The amount of the bail, to be set by the court, shall be reviewable on direct application by the court to which the appeal is taken.   (Ga. L. 1973, p. 297, § 5.)   Law reviews.   - For note, "A 'Critical' Question of State Law: Georgia's Ambiguous Treatment of Initial Appearance Hearings and the Implications of Bail Reform," see 54 Ga. L. Rev. 363 (2019). For note, "Pretrial Detention of Indigents: A Standard Analysis of Due Process and Equal Protection Claims,” see 54 Ga. L. Rev. 707 (2020).   JUDICIAL DECISIONS   When bail may be denied generally.   - A person convicted of an offense punishable by death has no constitutional right to bail pending appeal. Wilcox v. Carter, 545 F. Supp. 1043 (M.D. Ga. 1982).   Direct appeal available.    - Georgia Supreme Court recognizes that the Georgia General Assembly has chosen to treat murder cases differently in O.C.G.A. § 5-7-5, and trial courts must be allowed some level of discretion to deny requests for bail pending appeals by the state in such cases; that discretion of trial courts in these cases should be governed by the standards for deciding whether to grant pretrial bail. Johnson v. State, 304 Ga. 369, 818 S.E.2d 601 (2018).    When a defendant's case is at an appellate stage and will not return to a pretrial stage unless and until the Georgia Supreme Court affirms the grant of new trial, during the state's appeal, the defendant's case cannot be considered to be pending in the court below; thus, the denial of a defendant's motion for appeal bond is directly appealable by the defendant. Johnson v. State, 304 Ga. 369, 818 S.E.2d 601 (2018).   RESEARCH REFERENCES   Am. Jur. 2d.   - 8A Am. Jur. 2d, Bail and Recognizance, § 12 et seq.   C.J.S.   - 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 103 et seq., 340.