reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 8 - PROCEDURE FOR SECURING ATTENDANCE OF WITNESSES AT GRAND JURY OR TRIAL PROCEEDINGS (§§ 17-7-190 — 17-7-192) › Section 17-7-190 - Subpoena of material witnesses for state for appearance before grand jury; furnishing of prosecuting officers with list of persons subpoenaed

When any person accused of a criminal offense before a court of inquiry is bound over or committed for trial in superior court, the judicial officer holding the court of inquiry shall, at the time of the commitment hearing, give a subpoena to all material witnesses examined for the state to appear and testify before the grand jury at the term to which the defendant is committed or bound to appear; and, after the hearing and commitment or binding over, the prosecutor may apply to the clerk of the superior court and obtain a subpoena for any person deemed by him to be a material witness for the state before the grand jury. The subpoenas issued under this Code section shall be effectual in compelling the attendance of the witnesses to appear and give evidence before the grand jury. The judicial officer holding the court of inquiry and the clerk of the superior court shall, on the first day of the term of court to which the defendant is committed or bound to appear, furnish the prosecuting officers with a complete list of all persons so subpoenaed.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 8 - PROCEDURE FOR SECURING ATTENDANCE OF WITNESSES AT GRAND JURY OR TRIAL PROCEEDINGS (§§ 17-7-190 — 17-7-192) › Section 17-7-191 - Subpoena process for witnesses of defendant; when subpoenas may be extended to witnesses outside of county

The defendant may, upon application to the committing judicial officer or to the clerk of the court to which he is committed or bound to appear for trial, obtain subpoenas for such witnesses as he deems material for his defense. The judicial officer or the clerk of the court shall issue such subpoenas requiring the witnesses to appear at the term of the court to which the defendant is committed or bound to appear and until his case is ended. The subpoenas so issued shall have the power and authority to compel the attendance of the witnesses at the court but shall not extend to witnesses for the defendant who reside outside the county until a true bill of indictment is found or an accusation is filed against the defendant.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 8 - PROCEDURE FOR SECURING ATTENDANCE OF WITNESSES AT GRAND JURY OR TRIAL PROCEEDINGS (§§ 17-7-190 — 17-7-192) › Section 17-7-192 - Continuance for nonattendance of witnesses not subpoenaed by defendant

A defendant who fails to use the subpoena power provided for in Code Section
17-7-191
, when it is within his power to do so, shall not be entitled to a continuance because a witness material to his defense is not in attendance at the term of the court when his case is called for trial, if he is prosecuted for the same criminal act.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 7 - PRETRIAL PROCEEDINGS (§§ 17-7-1 — 17-7-210) › Article 9 - DISCOVERY (§ 17-7-210) › Section 17-7-210 - 17-7-211 - [Reserved]

Reserved. Repealed by Ga. L. 1994, p. 1895, § 1, effective January 1, 1995.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 1 - GENERAL PROVISIONS (§§ 17-8-1 — 17-8-6) › Section 17-8-1 - Cases to be called in order in which they stand on docket; exceptions; preferred scheduling when alleged victim is disabled adult or elder person

(a)
The cases on the criminal docket shall be called in the order in which they stand on the docket unless the accused is in jail or, otherwise, in the sound discretion of the court.
(b)
(1)
As used in this Code section, the terms "disabled adult" and "elder person" shall have the same meaning as set forth in Code Section
16-5-100
.
(2)
When the alleged victim is a disabled adult or elder person, the prosecuting attorney shall notify the accused if it intends to seek preferred scheduling. The notice shall be in writing and shall:
(A)
Allege the specific factor or factors that will inhibit a disabled adult from attending or participating in court proceedings if he or she is a disabled adult; or
(B)
State the age of the alleged victim if he or she is an elder person.
(3)
When notice has been given pursuant to paragraph (2) of this subsection, the court shall set a date for a hearing on the issue within 14 days after the filing of such notice. The court shall consider the matter and if the court determines that preferred scheduling is necessary, the trial shall not be:
(A)
Subject to subsection (a) of this Code section; and
(B)
Earlier than 30 days from the date of the hearing.
Amended by 2015 Ga. Laws 86,§ 1-5, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 1 - GENERAL PROVISIONS (§§ 17-8-1 — 17-8-6) › Section 17-8-2 - Indictments and special presentments to be presented to jury; exception for settlements between prosecutor and defendant which are approved by court

All indictments or special presentments shall be submitted to and passed upon by a jury under the direction of the presiding judge unless there is a settlement of the case between the prosecutor and the defendant, which settlement shall be valid only by the approval and order of the court on examination into the merits of the case.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 1 - GENERAL PROVISIONS (§§ 17-8-1 — 17-8-6) › Section 17-8-3 - Entry of nolle prosequi

After an examination of the case in open court and before it has been submitted to a jury, the prosecuting attorney may enter a nolle prosequi with the consent of the court. After the case has been submitted to a jury, a nolle prosequi shall not be entered except by the consent of the defendant. The prosecuting attorney shall notify the defendant and the defendant's attorney of record within 30 days of the entry of a nolle prosequi either personally or in writing; such written notice shall be sent by regular mail to the defendant at the defendant's last known address and to the defendant's attorney of record.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 1 - GENERAL PROVISIONS (§§ 17-8-1 — 17-8-6) › Section 17-8-4 - Procedure for trial of jointly indicted defendants; right of defendants to testify for or against one another; order of separate trials; acquittal or conviction where offense requires joint action or concurrence; number of strikes allowed defendants

(a)
When two or more defendants are jointly indicted for a capital offense, any defendant so electing shall be separately tried unless the state shall waive the death penalty. When indicted for a capital felony when the death penalty is waived, or for a felony less than capital, or for a misdemeanor, such defendants may be tried jointly or separately in the discretion of the trial court. In any event, a jointly indicted defendant may testify for another jointly indicted defendant or on behalf of the state. When separate trials are ordered in any case, the defendants shall be tried in the order requested by the state. If the offense requires joint action and concurrence of two or more persons, acquittal or conviction of one defendant shall not operate as acquittal or conviction of others not tried.
(b)
When two or more defendants are tried jointly for a crime or offense, such defendants shall be entitled to the same number of strikes as a single defendant if tried separately. The strikes shall be exercised jointly by the defendants or shall be apportioned among the defendants in the manner the court shall direct. In the event two or more defendants are tried jointly, the court, upon request of the defendants, shall allow an equal number of additional strikes to the defendants, not to exceed five each, as the court shall deem necessary, to the ends that justice may prevail. The court may allow the state additional strikes not to exceed the number of additional strikes as are allowed to the defendants.
Added by 2005 Ga. Laws 8,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 1 - GENERAL PROVISIONS (§§ 17-8-1 — 17-8-6) › Section 17-8-5 - Recordation of testimony in felony cases; entering testimony on minutes of court where guilty verdict found; preparation of transcript where death sentence imposed; preparation of transcript where mistrial results in felony case

(a)
On the trial of all felonies the presiding judge shall have the testimony taken down and, when directed by the judge, the court reporter shall exactly and truly record or take stenographic notes of the testimony and proceedings in the case, except the argument of counsel. In the event of a verdict of guilty, the testimony shall be entered on the minutes of the court or in a book to be kept for that purpose. In the event that a sentence of death is imposed, the transcript of the case shall be prepared within 90 days after the sentence is imposed by the trial court. Upon petition by the court reporter, the Chief Justice of the Supreme Court of Georgia may grant an additional period of time for preparation of the transcript, such period not to exceed 60 days. The requirement that a transcript be prepared within a certain period in cases in which a sentence of death is imposed shall not inure to the benefit of a defendant.
(b)
In the event that a mistrial results from any cause in the trial of a defendant charged with the commission of a felony, the presiding judge may, in his discretion, either with or without any application of the defendant or state's counsel, order that a brief or transcript of the testimony in the case be duly filed by the court reporter in the office of the clerk of the superior court in which the mistrial occurred. If the brief or transcript is ordered, it shall be the duty of the judge, in the order, to provide for the compensation of the reporter and for the transcript to be paid for as is provided by law for payment of transcripts in cases in which the law requires the testimony to be transcribed, at a rate not to exceed that provided in felony cases.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 1 - GENERAL PROVISIONS (§§ 17-8-1 — 17-8-6) › Section 17-8-6 - Authority of municipal court to seal criminal records

(a)
Any judge of a municipal court of any municipality of this state or any judge hearing cases for any such court wherein a municipal court is a court of first instance in criminal cases shall have the authority to seal, to all persons except criminal justice officials, all criminal records of the municipality, including, but not limited to, records of arrest, fingerprints, and photographs, whether maintained in the police agency of the municipality or elsewhere in the municipality, related to any individual, upon a finding by such a judge that one of the following conditions exists:
(1)
When, upon the call of a case for trial, criminal charges against the individual are dismissed either:
(A)
Upon the motion of the arresting officer; or
(B)
Because of the lack of prosecution of such charges by the arresting officer or the municipality; or
(2)
When criminal charges against the individual are the subject of a pretrial disposition by the municipal prosecutor, provided that the terms and conditions of the pretrial disposition are satisfied.
(b)
Any order sealing the records of an individual, as provided for in subsection (a) of this Code section, shall in no way constitute an adjudication of any illegal or wrongful action on the part of the arresting officer or the municipality.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-20 - Showing of due diligence required of applicants for continuances generally

In all cases, the party making an application for a continuance must show that he has used due diligence.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-21 - When showing for continuance required of state

In all cases in which the defendant cannot, according to law, demand a speedy trial, a continuance shall not be granted to the state, except upon a reasonable showing therefor.
Amended by 2006 Ga. Laws 879,§ 4, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-22 - Consideration of motion for continuance by court generally; allowance of counter-showing to motion

All applications for continuances are addressed to the sound legal discretion of the court and, if not expressly provided for, shall be granted or refused as the ends of justice may require. In all cases the presiding judges may, in their discretion, admit a counter-showing to a motion for a continuance and, after a hearing, may decide whether the motion shall prevail.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-23 - Absence of party as grounds for granting continuance

If either party is providentially prevented from attending the trial of any case and the counsel of the absent party will state in his place that he cannot go safely to trial without the presence of the absent party, the case shall be continued, provided his continuances are not exhausted.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-24 - Absence or illness of counsel as grounds for granting continuance

The illness or absence, from providential cause, of counsel where there is but one, or of the leading counsel where there are more than one, shall be a sufficient ground for continuance, provided that the party making the application will swear that he cannot go safely to trial without the services of the absent counsel, that he expects his services at the next term, and that the application is not made for delay only.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-25 - Absence of witness as grounds for granting continuance

In all applications for continuances upon the ground of the absence of a witness, it shall be shown to the court that the witness is absent; that he has been subpoenaed; that he does not reside more than 100 miles from the place of trial by the nearest practical route; that his testimony is material; that the witness is not absent by the permission, directly or indirectly, of the applicant; that the applicant expects he will be able to procure the testimony of the witness at the next term of the court; that the application is not made for the purpose of delay but to enable the applicant to procure the testimony of the absent witness; and the application must state the facts expected to be proved by the absent witness.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-27 - Attorney General in attendance at General Assembly as grounds for granting continuance

When any case pending in the courts of this state in which the Attorney General is of counsel is scheduled to be called for any reason during sessions of the General Assembly or during a period of 15 days preceding or following sessions of the General Assembly, on motion of the Attorney General or an assistant attorney general, it shall be a good ground for continuance that the Attorney General and his staff are occupied in aid of the business of the General Assembly.
Amended by 2019 Ga. Laws 253,§ 4, eff. 5/7/2019.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-28 - Witness in attendance at General Assembly as grounds for granting continuance

(a)
Any person summoned to serve as a witness in a criminal case shall be excused by the judge from attendance at the court by reason of his attendance as a legislator at the General Assembly.
(b)
In all criminal cases, it shall be the duty of the presiding judge, on motion of either the state or the defendant, to continue the case when it appears that a material witness is absent from the court by reason of his attendance at the General Assembly.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-29 - Party or party's counsel in attendance at meeting of Board of Regents of the University System of Georgia as grounds for granting continuance

Should any member of the Board of Regents of the University System of Georgia or any member of the State Board of Education be engaged at the time of any meeting of the board as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, the member's absence from attending the session shall be good ground for a postponement or continuance of the case until the session of the board has ended.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-30 - Party or party's counsel in attendance at meeting of Board of Human Services or Board of Behavioral Health and Developmental Disabilities as grounds for granting continuance

Should any member of the Board of Human Services or the Board of Behavioral Health and Developmental Disabilities be engaged at the time of any meeting of the board as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the board, the absence of the member to attend the session shall be good ground for a postponement or a continuance of the case until the session of the board has ended.
Amended by 2010 Ga. Laws 418,§ 13, eff. 7/1/2010.
Amended by 2009 Ga. Laws 102,§ 2-3, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-32 - Effect of admission by opposing party of facts to be proved upon allowance of continuance

No continuance shall be allowed in any court on account of the absence of a witness or for the purpose of procuring testimony when the opposite party is willing to admit, and does not contest the truth of, the facts expected to be proved; and the court shall order such admission to be reduced to writing.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-33 - Granting of continuances where indictment found or accusation made; continuance where material witness unavailable; continuances required by principles of justice; granting of continuance where postponement possible to later date in term

(a)
Every person against whom a true bill of indictment is found or an accusation is made shall be tried at the term of the court at which the indictment is found or the accusation is made unless the absence of a material witness or the principles of justice should require a continuance of the case, in which case the court shall allow a continuance until the next term of the court. The court shall have power to allow the continuance of criminal cases from term to term, as often as the principles of justice may require, upon sufficient cause shown under oath.
(b)
No continuance shall be granted over the objection of the adverse party in any court which has a continuous session for 30 days or more where the cause for the continuance can be obviated by a postponement to a later day during the term. Whenever a motion and a proper showing for a continuance is made by either party, the presiding judge, at any time, shall set the case down for a later day during the same term if it shall be practicable thereby to avoid a continuance of the case until the next term.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-34 - Granting of continuances in cases returned by appellate court for trial

When a case is sent back for trial to a superior, state, or city court by the Supreme Court or Court of Appeals, the case shall be in order for trial; and, if the continuances of either party are exhausted, the trial court may grant one continuance to the party, as the ends of justice may require.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-35 - Effect of continuance by defendant upon trial of codefendants

The continuance of a case by one of several defendants indicted jointly shall not operate as a continuance as to the other defendants objecting thereto.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-36 - Entry of date of continuance upon docket of court; announcement of continuance in open court

The judges of the superior, state, and city courts shall, upon the continuance of any case, enter the date of the continuance upon their dockets opposite the case and in open court make public announcement of the continuance.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-37 - Duration of continuance

When a court grants a continuance of a pending case for whatever cause, the continuance shall extend until the next term of court only.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 2 - CONTINUANCES (§§ 17-8-20 — 17-8-38) › Section 17-8-38 - Case not reached at trial term continued

A case not reached at the trial term stands over as continued.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 3 - CONDUCT OF PROCEEDINGS (§§ 17-8-50 — 17-8-58) › Section 17-8-50 - Courts in which trials of inmates escaping from correctional institutions to take place; admissibility of records pertaining to former trials of such inmates; testimony of other inmates

The trial of inmates escaping from a state or county correctional institution shall take place in the superior court of the county in which the escape occurs, and inmates so escaping shall remain in the correctional institution after their apprehension and shall be treated as are other inmates until the trial takes place. At the trial, the copies of the records transmitted to the superintendent or warden of the state or county correctional institution, relative to the former trials of such inmates, shall be produced and filed of record in the superior court; and any other inmate not included in the same indictment shall be a competent witness.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 3 - CONDUCT OF PROCEEDINGS (§§ 17-8-50 — 17-8-58) › Section 17-8-51 - Admissibility of testimony of inmates in trials for crime of mutiny

At the trial of an inmate of a penal institution for the crime of mutiny, any other inmate not included in the same indictment shall be a competent witness, and the infamy of his character and of the crime of which he has been convicted shall be exceptions to his credit only.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 3 - CONDUCT OF PROCEEDINGS (§§ 17-8-50 — 17-8-58) › Section 17-8-52 - Oath to be administered to witnesses

(a)
The following oath shall be administered to witnesses in criminal cases:
"Do you solemnly swear or affirm that the evidence you shall give to the court and jury in the matter now pending before the court shall be the truth, the whole truth, and nothing but the truth? So help you God."
(b)
Any oath given that substantially complies with the language in this Code section shall subject the witness to the provisions of Code Section
16-10-70
.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 3 - CONDUCT OF PROCEEDINGS (§§ 17-8-50 — 17-8-58) › Section 17-8-53 - Exclusion of public from courtroom when evidence vulgar or obscene

During a trial in a court of any case in which the evidence is vulgar and obscene or relates to the improper acts of the sexes, and tends to debauch the morals of the young, the presiding judge shall have the right in his discretion and on his own motion, or on motion of a party or his attorney, to hear and try the case after clearing the courtroom of all or any portion of the audience.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 3 - CONDUCT OF PROCEEDINGS (§§ 17-8-50 — 17-8-58) › Section 17-8-54 - Persons in courtroom when person under age of 16 testifies concerning sexual offense

In the trial of any criminal case, when any person under the age of 16 is testifying concerning any sexual offense, the court shall clear the courtroom of all persons except parties to the cause and their immediate families or guardians, attorneys and their secretaries, officers of the court, victim assistance coordinators, victims' advocates, and such other victim assistance personnel as provided for by Code Section
15-18-14.2
, jurors, newspaper reporters or broadcasters, and court reporters.
Amended by 2013 Ga. Laws 291,§ 1, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 3 - CONDUCT OF PROCEEDINGS (§§ 17-8-50 — 17-8-58) › Section 17-8-56 - Writing out and reading of charge to jury; filing of charge; furnishing of copies of charge

(a)
The judges of the superior, state, and city courts shall, when the counsel for either party requests it before argument begins, write out their charges and read them to the jury; and it shall be error to give any other or additional charge than that so written and read.
(b)
The charge so written out and read shall be filed with the clerk of the court in which it was given and shall be accessible to all persons interested in it. The clerk shall give certified copies of the charge to any person applying therefor, upon payment of the usual fee.
(c)
This Code section shall not apply when there is an official stenographer or reporter of the court in attendance thereon who takes down in shorthand and writes out the full charge of the trial judge in the case upon the direction of court.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 3 - CONDUCT OF PROCEEDINGS (§§ 17-8-50 — 17-8-58) › Section 17-8-57 - Expression or intimation of opinion by judge as to matters proved or guilt of accused

(a)
(1)
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.
(2)
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.
(b)
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.
(c)
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.
Amended by 2015 Ga. Laws 174,§ 1, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 3 - CONDUCT OF PROCEEDINGS (§§ 17-8-50 — 17-8-58) › Section 17-8-58 - Objections to jury charges prior to the jury retiring to deliberate; failure to raise objections

(a)
Any party who objects to any portion of the charge to the jury or the failure to charge the jury shall inform the court of the specific objection and the grounds for such objection before the jury retires to deliberate. Such objections shall be done outside of the jury's hearing and presence.
(b)
Failure to object in accordance with subsection (a) of this Code section shall preclude appellate review of such portion of the jury charge, unless such portion of the jury charge constitutes plain error which affects substantial rights of the parties. Such plain error may be considered on appeal even if it was not brought to the court's attention as provided in subsection (a) of this Code section.
Added by 2007 Ga. Laws 327,§ 1, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 4 - CONDUCT AND ARGUMENT OF COUNSEL (§§ 17-8-70 — 17-8-76) › Section 17-8-70 - Number of counsel permitted to argue case

Not more than two counsel shall be permitted to argue any case for each side, except by express leave of the court. In no case shall more than one counsel for each side be heard in conclusion.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 4 - CONDUCT AND ARGUMENT OF COUNSEL (§§ 17-8-70 — 17-8-76) › Section 17-8-71 - Order of argument after evidence presented

After the evidence is closed on both sides, the prosecuting attorney shall open and conclude the argument to the jury. The defendant shall be entitled to make a closing argument prior to the concluding argument of the prosecuting attorney.
Added by 2005 Ga. Laws 8,§ 10, eff. 7/1/2005.
Added by 2005 Ga. Laws 8,§ 10, eff. 7/1/2005.
Added by 2005 Ga. Laws 8,§ 10, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 4 - CONDUCT AND ARGUMENT OF COUNSEL (§§ 17-8-70 — 17-8-76) › Section 17-8-72 - Misdemeanors and cases arising from inferior judicatories; time limits on closing argument

In all misdemeanor cases and cases brought up from inferior judicatories, counsel for either party shall not occupy more than one-half hour in the whole discussion of the case after the evidence is closed without obtaining special leave of the court before the argument is opened.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 4 - CONDUCT AND ARGUMENT OF COUNSEL (§§ 17-8-70 — 17-8-76) › Section 17-8-73 - Noncapital and capital felony cases; time limits on closing argument

In felony cases other than those involving capital felonies, counsel shall be limited in their closing arguments to one hour for each side. In cases involving capital felonies, counsel shall be limited to two hours for each side.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 4 - CONDUCT AND ARGUMENT OF COUNSEL (§§ 17-8-70 — 17-8-76) › Section 17-8-74 - Allowance of additional time for closing argument

If, before argument begins, counsel on either side applies to the court for an extension of the time prescribed for argument and states in his place or on oath, in the discretion of the court, that he cannot do the case justice within the time prescribed and that it will require for that purpose additional time, stating how much additional time will be necessary, the court shall grant such extension of time as may seem reasonable and proper, provided that the extension of time granted in misdemeanor cases or cases brought up from inferior judicatories shall not exceed 30 minutes.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 4 - CONDUCT AND ARGUMENT OF COUNSEL (§§ 17-8-70 — 17-8-76) › Section 17-8-75 - Improper statements by counsel

Where counsel in the hearing of the jury make statements of prejudicial matters which are not in evidence, it is the duty of the court to interpose and prevent the same. On objection made, the court shall also rebuke the counsel and by all needful and proper instructions to the jury endeavor to remove the improper impression from their minds; or, in his discretion, he may order a mistrial if the prosecuting attorney is the offender.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 8 - TRIAL (§§ 17-8-1 — 17-8-76) › Article 4 - CONDUCT AND ARGUMENT OF COUNSEL (§§ 17-8-70 — 17-8-76) › Section 17-8-76 - Argument to or in front of jury as to possibility of clemency

(a)
No attorney at law in a criminal case shall argue to or in the presence of the jury that a defendant, if convicted, may not be required to suffer the full penalty imposed by the court or jury because pardon, parole, or clemency of any nature may be granted by the Governor, the State Board of Pardons and Paroles, or other proper authority vested with the right to grant clemency.
(b)
If counsel for either side in a criminal case argues to or in the presence of the jury as provided in subsection (a) of this Code section, opposing counsel shall have the right immediately to request the court to declare a mistrial, in which case it shall be mandatory upon the court to declare a mistrial. Failure to declare a mistrial shall constitute reversible error.
(c)
This Code section shall be construed as setting forth requirements in addition to other requirements of law.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 9 - VERDICT AND JUDGMENT GENERALLY (§§ 17-9-1 — 17-9-63) › Article 1 - GENERAL PROVISIONS (§§ 17-9-1 — 17-9-4) › Section 17-9-1 - When direction of verdict of acquittal authorized; when motion for directed verdict of acquittal allowed; effect of motion upon defendant's right to present evidence and right to jury trial; assent of jury not required

(a)
Where there is no conflict in the evidence and the evidence introduced with all reasonable deductions and inferences therefrom shall demand a verdict of acquittal or "not guilty" as to the entire offense or to some particular count or offense, the court may direct the verdict of acquittal to which the defendant is entitled under the evidence and may allow the trial to proceed only as to the counts or offenses remaining, if any.
(b)
The defendant shall be entitled to move for a directed verdict at the close of the evidence offered by the prosecuting attorney or at the close of the case, even if he fails to introduce any evidence at the trial. A defendant who moves for a directed verdict at the close of the evidence offered by the prosecuting attorney may offer evidence in the event that the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. A motion for a directed verdict which is not granted shall not be deemed to be a waiver of the right to trial by jury. The order of the court granting a motion for a directed verdict of acquittal is effective without any assent of the jury.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 9 - VERDICT AND JUDGMENT GENERALLY (§§ 17-9-1 — 17-9-63) › Article 1 - GENERAL PROVISIONS (§§ 17-9-1 — 17-9-4) › Section 17-9-2 - Jury to judge law and facts and give general verdict; imposition of sentence; form and construction of verdicts

The jury shall be the judges of the law and the facts in the trial of all criminal cases and shall give a general verdict of "guilty" or "not guilty." Upon a verdict of "guilty," the sentence shall be imposed by the judge, unless otherwise provided by law. Verdicts are to have a reasonable intendment, are to receive a reasonable construction, and are not to be avoided unless from necessity.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 9 - VERDICT AND JUDGMENT GENERALLY (§§ 17-9-1 — 17-9-63) › Article 1 - GENERAL PROVISIONS (§§ 17-9-1 — 17-9-4) › Section 17-9-3 - Recommendations for mercy in capital cases other than those of homicide; effect of no recommendation for mercy in capital cases generally and where defendant under age of 17 at time of commission of offense

In all capital cases, other than those of homicide, when the verdict is "guilty," with a recommendation for mercy, it shall be legal and shall mean imprisonment for life. When the verdict is "guilty," without a recommendation for mercy, it shall be legal and shall mean that the convicted person shall be sentenced to death. When it is shown that a person convicted of a capital offense without a recommendation for mercy had not reached his seventeenth birthday at the time of the commission of the offense, the punishment of such person shall not be death but shall be imprisonment for life.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 9 - VERDICT AND JUDGMENT GENERALLY (§§ 17-9-1 — 17-9-63) › Article 1 - GENERAL PROVISIONS (§§ 17-9-1 — 17-9-4) › Section 17-9-4 - Validity of judgment rendered by court having no jurisdiction of person or subject matter

The judgment of a court having no jurisdiction of the person or subject matter, or void for any other cause, is a mere nullity and may be so held in any court when it becomes material to the interest of the parties to consider it.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 9 - VERDICT AND JUDGMENT GENERALLY (§§ 17-9-1 — 17-9-63) › Article 2 - RENDITION AND RECEIPT OF VERDICT (§§ 17-9-20 — 17-9-23) › Section 17-9-20 - Action by juror on private knowledge as to facts, witnesses, or parties

A juror shall not act on his or her private knowledge respecting the facts, witnesses, or parties.
Amended by 2011 Ga. Laws 52,§; 32, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 9 - VERDICT AND JUDGMENT GENERALLY (§§ 17-9-1 — 17-9-63) › Article 2 - RENDITION AND RECEIPT OF VERDICT (§§ 17-9-20 — 17-9-23) › Section 17-9-21 - Receipt of verdicts

Verdicts shall be received only in open court, in the absence of agreement of the parties.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 9 - VERDICT AND JUDGMENT GENERALLY (§§ 17-9-1 — 17-9-63) › Article 2 - RENDITION AND RECEIPT OF VERDICT (§§ 17-9-20 — 17-9-23) › Section 17-9-22 - Expression of approval or disapproval of verdict of jury by judge

(a)
No judge of any court shall either directly or indirectly express in open court his approval or disapproval of the verdict of any jury in any case tried before him, except as provided in subsection (c) of this Code section; nor may any judge discharge any jury upon the ground that the verdict rendered in any case does not meet with his approval.
(b)
If any judge of any court either directly or indirectly expresses in open court his approval or disapproval of the verdict of the jury in any case tried before him, he shall be disqualified from presiding in the case in the event a new trial is granted.
(c)
Nothing in this Code section shall have the effect of prohibiting a judge of any court from approving or disapproving the verdict of a jury in any case tried before him in hearing a motion for a new trial that comes on before him; but the approval or disapproval on the hearing of a motion for new trial shall be expressed in the formal order of the judge in granting or overruling the motion and not otherwise.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 9 - VERDICT AND JUDGMENT GENERALLY (§§ 17-9-1 — 17-9-63) › Article 2 - RENDITION AND RECEIPT OF VERDICT (§§ 17-9-20 — 17-9-23) › Section 17-9-23 - Commending or complimenting of jury by judge

No judge of any court may commend or compliment a jury during the term of any court for discharging its duty if the commendation or compliment has the effect of approving of a verdict.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 9 - VERDICT AND JUDGMENT GENERALLY (§§ 17-9-1 — 17-9-63) › Article 3 - AMENDMENT AND IMPEACHMENT OF VERDICT (§§ 17-9-40 — 17-9-41) › Section 17-9-40 - Amendment of verdict after dispersion of jury

A verdict may be amended in mere matter of form after the jury have dispersed; but, after it has been received, recorded, and the jury dispersed, it may not be amended in matter of substance, either by what the jurors say they intended to find or otherwise.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 9 - VERDICT AND JUDGMENT GENERALLY (§§ 17-9-1 — 17-9-63) › Article 3 - AMENDMENT AND IMPEACHMENT OF VERDICT (§§ 17-9-40 — 17-9-41) › Section 17-9-41 - [Repealed] Use of affidavits of jurors relating to verdict

Amended by 2016 Ga. Laws 625,§ 17, eff. 5/3/2016.
Repealed by 2011 Ga. Laws 52,§ 33, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 9 - VERDICT AND JUDGMENT GENERALLY (§§ 17-9-1 — 17-9-63) › Article 4 - MOTIONS IN ARREST (§§ 17-9-60 — 17-9-63) › Section 17-9-60 - Jurisdiction of motion; notification of opposing party

All motions to arrest a judgment must be made to the court by which the judgment was rendered, and the opposite party must have reasonable notice of such motions.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 9 - VERDICT AND JUDGMENT GENERALLY (§§ 17-9-1 — 17-9-63) › Article 4 - MOTIONS IN ARREST (§§ 17-9-60 — 17-9-63) › Section 17-9-61 - Time and grounds for motion generally

(a)
When a judgment has been rendered, either party may move in arrest thereof for any defect not amendable which appears on the face of the record or pleadings.
(b)
A motion in arrest of judgment must be made during the term at which the judgment was obtained.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 9 - VERDICT AND JUDGMENT GENERALLY (§§ 17-9-1 — 17-9-63) › Article 4 - MOTIONS IN ARREST (§§ 17-9-60 — 17-9-63) › Section 17-9-62 - Defects in pleadings or record aided by verdict or amendable not subject to motion

A judgment may not be arrested for any defect in the pleadings or record that is aided by verdict or amendable as a matter of form.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 9 - VERDICT AND JUDGMENT GENERALLY (§§ 17-9-1 — 17-9-63) › Article 4 - MOTIONS IN ARREST (§§ 17-9-60 — 17-9-63) › Section 17-9-63 - Motion not relating to merits of offense charged not to be granted

No motion in arrest of judgment shall be granted for any matter not affecting the real merits of the offense charged in the indictment or accusation.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-1.3 - Factoring into sentencing determinations citizenship status of convict

(a)
In determining whether to probate all or any part of any sentence of confinement in any felony, misdemeanor, or ordinance violation case, the sentencing court shall be authorized to make inquiry into whether the person to be sentenced is lawfully present in the United States under federal law.
(b)
If the court determines that the person to be sentenced is not lawfully present in the United States, the court shall be authorized to make inquiry into whether the person to be sentenced would be legally subject to deportation from the United States while serving a probated sentence.
(c)
If the court determines that the person to be sentenced would be legally subject to deportation from the United States while serving a probated sentence, the court may:
(1)
Consider the interest of the state in securing certain and complete execution of its judicial sentences in criminal and quasi-criminal cases;
(2)
Consider the likelihood that deportation may intervene to frustrate that state interest if probation is granted; and
(3)
Where appropriate, decline to probate a sentence in furtherance of the state interest in certain and complete execution of sentences.
(d)
This Code section shall apply with respect to a judicial determination as to whether to suspend all or any part of a sentence of confinement in the same manner as this Code section applies to determinations with respect to probation.
Amended by 2008 Ga. Laws 471,§ 17, eff. 5/12/2008.
Added by 2007 Ga. Laws 13,§ 1, eff. 5/11/2007.
2023 CODE OF GEORGIA › Title 17 - CRIMINAL PROCEDURE (§§ 17-1-1 — 17-21-4) › Chapter 10 - SENTENCE AND PUNISHMENT (§§ 17-10-1 — 17-10-71) › Article 1 - PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT (§§ 17-10-1 — 17-10-21) › Section 17-10-1.4 - Split sentence

(a)
As used in this Code section, the term "split sentence" means any felony sentence that includes a term of imprisonment followed by a term of probation.
(b)
In any case where a judge on or after July 1, 2015, sentences a defendant to a split sentence, post-incarceration supervision of the defendant shall be conducted exclusively by the Department of Community Supervision and not by the State Board of Pardons and Paroles, regardless of whether the defendant has served the full period of incarceration ordered in the sentence or has been released prior to the full period of incarceration by parole, conditional release, or other action of the State Board of Pardons and Paroles.
Added by 2015 Ga. Laws 73,§ 5-31, eff. 7/1/2015.