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Found 99 matching documents.
Supreme Court opinion · Supreme Court of Georgia · February 3, 2026
Jenkins v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia dismissed a man's direct appeal from the denial of his statutory speedy trial demand, ruling he was required to use interlocutory appeal procedures instead and that the court lacked jurisdiction to hear the case as filed.
COLVIN, Justice. In this case, Appellant Roshoun Jacarri Jenkins appealed directly from the dismissal of his statutory speedy trial demand, which he made pursuant to OCGA § 17-7-171. Because the dismissal of a speedy trial demand does not fall within one of the categories of cases from which a direct appeal is authorized under OCGA § 5-6-34(a), Jenkins was...
In Hubbard v. State, 254 Ga. 694 (1985), we held that when a defendant files a speedy trial demand under OCGA § 17-7-170, which governs speedy trial demands in noncapital cases, and later moves to dismiss the indictment against him under that statute, he may appeal directly from the denial of such motion without following the interlocutory appellate...
Meeting transcript · Georgia House Judiciary Non-Civil Committee · March 5, 2026
House Judiciary Non-Civil Committee, March 5, 2026 (part 2)
Summary by Georgia Commons (AI-written): The committee approved HB 1255 by substitute, with an amendment assigning responsibility for sending charging documents to the state rather than court clerks. Discussion focused on evidence-sharing deadlines, delays in criminal cases, and whether prosecutors have enough staff and technology to meet the requirements. The committee also heard HB 1322, which the presenter said would make rioting a felony. Three organizations opposed that bill, raising concerns about unclear language, penalties, protest rights, and bail restrictions. The chair postponed further consideration until the next morning without a vote.
Ben Sessions. Good afternoon, Mr. Chairman. Good afternoon, y'all. I, I sit before you today as a hypocrite. Um, about 10 years ago I sat in a different room across the street, and I talked about why it is that you should, uh, you should vote against a reciprocal discovery bill Um, today I sit before you and tell you that you should vote in favor of...
I think a lot of times we lose sight of what happens just down the street, for example, in the busiest court in the State of Georgia, which is Fulton County State Court. In Fulton County State Court, you routinely have cases that will be accused in 18 months to 24 months after the date of arrest. Roughly two years. A defendant's case is accused, and then it...
Meeting transcript · Georgia Senate Judiciary Committee · February 23, 2026
Senate Judiciary Committee, February 23, 2026
Summary by Georgia Commons (AI-written): The committee approved four bills and held one for more work. Members unanimously approved a substitute to SB 470 addressing signal jammers, an amended SB 327 adding a sixth superior court judge in the Clayton Judicial Circuit, and SB 202 establishing reciprocal evidence-sharing rules for misdemeanor cases. After extensive testimony about constitutional protections, religious freedom and effects on Muslim Georgians, the committee approved SB 486 on foreign laws and tribunal decisions, 4 to 3, with the chair breaking a tie. The committee held SB 499 after members questioned removing enhanced penalties involving firearms equipped with silencers. Funding for the additional Clayton judgeship remained an issue for the budget process.
I couldn't talk to them right then, but when I came back from court, they were still there. These are mothers that their children have been murdered, and these are cases that have been pending for, one, over five years. We've been trying to get to it, and it's not that, you know, for lack of trying. It's that we just have that many cases, the judges have...
All right. Any questions for District Attorney Moseley or Judge Mason? Thank y'all. Thank y'all. We have one other person, Mr. Sullivan from the Black Republican Council, that's here. You want the last word? Yes, sir. Come on down. Oh, thank you. Nobody else told me. You know, this whole time, maybe it was better, I don't know. Okay, I will make this quick...
Supreme Court opinion · Supreme Court of Georgia · June 16, 2026
Price v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia vacated part of the ruling against a Fulton County man convicted of murder, finding the trial judge made legal errors in rejecting his claim that he was denied a speedy trial, and sent the case back for a proper analysis.
2 OCGA § 17-7-171(a) provides: Any person accused of a capital offense may enter a demand for speedy trial at the term of court at which the indictment is found or at the next succeeding regular term thereafter; or, by special permission of the court, the defendant may at any sub- sequent term thereafter demand a speedy trial. The demand for speedy trial...
If the trial court significantly misapplies the law or clearly errs in a material factual finding, we will af- firm the trial court’s exercise of discretion only if we can conclude that, had the trial court used the cor- rect facts and legal analysis, it would have had no discretion to reach a different judgment. But if the trial court would still have...
Meeting transcript · Georgia State Senate · April 2, 2026
Senate floor session, April 2, 2026 (legislative day 40, part 1)
Summary by Georgia Commons (AI-written): The Senate passed measures on insurance, contraceptive access, child-abuse reporting, property-owner claims against local governments, education, healthcare licensing and court procedures. Debate focused heavily on HB 295, which passed 30 to 22 after opponents raised concerns about lawsuits, local costs and treatment of homeless people. Senators removed a corn-flour fortification requirement from HB 1138 before passing it. The Senate accepted House changes to several bills, including SB 556, which combined a needs-based college scholarship with other education provisions. A proposed change removing medical-education scholarships failed before the House version was approved 36 to 17. Senators set aside HB 1142 after questions about its domestic-violence registry and withdrew a motion on HB 328. The session also included committee reports, honorary resolutions, tributes to departing senators and a local-consent-calendar vote. The excerpt ends with a dinner break.
Most cases are what you typically hear, "He said, he said. He said, she said," the victim and the defendant. And in many of these cases, when you look at the evidence on both sides, the solicitor general or the DA even, in a felony case, realizes that it's either best to attempt to negotiate a settlement of the case or dead docket the case, not moving the...
Mr. President, I move that the Senate agree to the House substitute to SB 173 as amended by Amendment 1. Secretary, read the caption. Senate Bill 173 by Senators McLaurin of the 14th and others. A bill to be entitled an act to amend Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated relating to pleadings and motions so as to...
Bill or resolution · Georgia House of Representatives · February 9, 2026 · Introduced
Criminal procedure; motions and discovery; modify provisions
Summary by Georgia Commons (AI-written): A House Judiciary substitute would overhaul Georgia's criminal discovery rules, setting new deadlines for prosecutors and defendants to exchange evidence and adding detailed disclosure requirements for expert witnesses.
SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure is amended by revising Code Section 17-7-54, relating to form of indictment by grand jury, by adding a new subsection to read as follows: "(c) An indictment substantially complying with the forms provided in this Code section shall in all cases be sufficient and...
SECTION 2. Said title is further amended by revising subsection (c) of Code Section 17-7-70.1, relating to trial upon accusations in certain felony and misdemeanor cases and trial upon plea of guilty or nolo contendere, as follows: "(c) An accusation substantially complying with the form forms provided in subsections (d) and (e) of Code Section 17-7-71...
Meeting transcript · Georgia House Rules Committee · April 2, 2026
House Rules Committee, April 2, 2026
Summary by Georgia Commons (AI-written): The committee heard requests to advance several study committee resolutions, a road-naming resolution and a resolution urging a pause in adopting updated residential energy standards. No calendar decisions on those requests were shown. Members approved substitutes for six bills and placed eight bills on the day's floor calendar. The substitutes addressed military license plates, community health workers and rural hospitals, public health programs and pharmacy access, charter school reimbursements, and higher education. Members objected to approving and scheduling SB 440 and to scheduling SB 513, but those motions carried by voice vote. The chair said the committee would likely meet again to consider additional requests.
Yes, sir. Um, members of the committee, I have two... Let's see. Let me find them again. Ha- uh, House Resolution 1703, which is a c- study committee on the post-conviction litigation, uh, in Georgia. Right now it's, uh, it's a mess, and, um, about a month or ago, uh, our chief justice had a, a case come before him, and he had a, a, a opinion in that that...
Supreme Court opinion · Supreme Court of Georgia · September 9, 2026
Kitchens v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia affirmed a Bibb County man's murder conviction after finding no constitutional speedy trial violation, sufficient evidence of gang crimes, no discovery violation, and no ineffective assistance by his trial lawyer.
The State’s gang expert testified that Kitchens and Car- swell were members of GDM, which had about 50 to 60 members, “deal[t] mostly in drugs,” and was affiliated with the Gangster Disciples. He explained that both GDM and the Gangster Disci- ples used a “Star of David” and a “pitchfork” as “signs.” He also testified that gangs typically operate in a...
In the first appeal of this case, we held that a presumption of prejudice arose under the first part of the Barker framework, but we concluded that the trial court misapplied the law and made a clearly erroneous finding of fact in its analysis of the sec- ond part of the framework. Specifically, we concluded that as to the length-of-the-delay factor, the...
Meeting transcript · Georgia Senate Public Safety Committee · February 23, 2026
Senate Public Safety Committee, February 23, 2026
Summary by Georgia Commons (AI-written): The committee considered four bills. It approved SB 454, allowing temporary emergency door-locking devices under safety requirements, with one opposing vote. It heard extended testimony on SB 473, covering DUI education, fees, assessments and driving-permit requirements, but postponed further testimony and action until Wednesday. Members and witnesses raised questions about online classes, assessment costs and education requirements when DUI charges are reduced. The committee unanimously approved SB 501, updating Safety Fire Commissioner powers and procedures, after a grammatical amendment. It also unanimously approved SB 527, requiring sheriff candidates to be certified peace officers when qualifying to run.
I hope you've got another couple bills, Frank. Well, we have one more. It'll be about 60 seconds. I'm gonna wait. It'll be the 60 seconds of hell. Maybe 120 seconds. Okay. All right. This is gonna be really quick.
Meeting transcript · Georgia Senate Government Oversight Committee · February 12, 2026
Senate Government Oversight Committee, February 12, 2026
Summary by Georgia Commons (AI-written): The committee unanimously approved HB 485, which the sponsor described as updating state law and removing unfunded or unconstitutional provisions without changing policy. The committee also approved a Senate substitute for HB 377 requiring local governments to select certain design professionals based on qualifications before negotiating fees for projects of at least $1 million. Supporters argued the process would improve safety and prevent costly gaps in project plans. Witnesses for ACCG and Fayette County opposed making it mandatory, citing local flexibility, staffing limits and the value of comparing prices. The chair counted two opposing votes; the number in favor was not stated. The chair also announced an upcoming review of an audit concerning the State Victims’ Services Commission.
Uh, uh, and, uh, leg council worked hard on this, uh, last year to, to bring this forth, and I just would appreciate your favorable consideration. Uh, thank you, sir. Is there any questions on the committee? Seeing one flashing, number 10. Thank you, Mr. Chairman. I appreciate it. Uh, Representative Yearta, great to see you as always, my friend. Well, thank...
Meeting transcript · Georgia House Judiciary Non-Civil Committee · March 17, 2026
House Judiciary Non-Civil Committee, March 17, 2026
Summary by Georgia Commons (AI-written): The committee heard testimony on changes to self-defense immunity under SB 572, increased penalties for blocking transportation routes under SB 443, an animal-cruelty database under SB 587, sex-offender reporting and risk classifications under SB 468, and AI-generated obscene images under SB 398. Witnesses raised questions about arrest powers, protest rights, supervision resources, protections for teenagers, and liability for AI companies. The chair repeatedly reported that the committee lacked a quorum, and no votes were taken before adjournment. The chair also announced that SB 499 had been removed at the sponsor’s request and would return the next day.
And when you look at how a case progresses through our judicial system, it goes from arrest to warrant, your probable cause hearings are established, you have your arraignment just mentioned. The thing that is not mentioned, that I have not heard people talk about, is how Fulton County cases can take, oh, I don't know, eight years to get to trial. Would you...
We're just saying that's part of the probable cause determination that must be made before someone is actually arrested. Last thing, um, the last part of the bill, line 100, just clarifies that in civil proceedings where you have this defense that's raised to a civil claim, we're clarifying that someone's legal representative or heir can't get around that...
Meeting transcript · Georgia Senate Judiciary Committee · February 26, 2026
Senate Judiciary Committee, February 26, 2026
Summary by Georgia Commons (AI-written): The committee approved four bills: SB 488, addressing product liability for AI systems that harm minors, passed 7-1; SB 418, addressing unauthorized nude or sexually explicit images, passed unanimously after an amendment expanding who could enforce it; SB 499, addressing firearm suppressors, passed 7-2 by substitute; and SB 572, changing the process for self-defense immunity claims, passed 7-2 without amendments. The longest discussion concerned SB 572. Supporters argued it would protect people acting in lawful self-defense, while prosecutors, defense lawyers and a gun-safety organization raised concerns about its wording and effects. The sponsor committed to further discussions as the bill moves forward.
Maybe like 30 days, 60 days, 90 days, something, just something, as opposed to just having to wait and wait, and we'll get around to you eventually, especially in counties that, in judicial circuits that may not be as pro-gun or self-defense as others. Thank you. Thank you. Sully- Mr. Chairman, can I ask a question? Yeah, sure. Got one question for you....
Those are all findings of fact, right? Those are all findings of fact. So, um, for example, let's just take the first one, which is initially provokes the use of force. Well, who's to say who initially provoked the use of force, right? If we're in a, if there are two people in a bar fight, right, um, and there is an altercation whereas there's a shooting,...
Bill or resolution · Georgia State Senate · February 25, 2026 · Introduced
Grand Juries; creation, selection, composition, compensation, procedures, and term; provide
Summary by Georgia Commons (AI-written): A Senate bill would create a new statewide grand jury in Georgia focused on election crimes, letting the Attorney General ask the Supreme Court to convene it, but only if voters approve a related constitutional amendment in November 2026.
(b) A person indicted by a state grand jury for a bailable offense shall have a bond hearing before the end of the second business day following the day he or she was arrested in this state for that offense or the day he or she was delivered within this state following extradition for that offense from another state or jurisdiction, and shall be released...
Bill or resolution · Georgia House of Representatives · March 16, 2026 · Introduced
House Study Committee on Criminal Post-Conviction Litigation; create
Summary by Georgia Commons (AI-written): A Georgia House resolution would create a 12-member study committee to examine long delays in resolving ineffective assistance of counsel claims after criminal convictions, with a report due by December 1, 2026.
House Resolution 1703 By: Representatives Gunter of the 8th, Smith of the 18th, Leverett of the 123rd, Panitch of the 51st, Holcomb of the 101st, and others A RESOLUTION Creating the House Study Committee on Criminal Post-Conviction Litigation; and for other purposes. WHEREAS, pursuant to the Sixth Amendment of the United States Constitution and Article I,...
Supreme Court opinion · Supreme Court of Georgia · June 2, 2026
Sheffield v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Coffee County man's malice murder conviction in his wife's shooting death, but sent his speedy-trial claim back to the trial court because the judge miscalculated the delay and did not properly assign blame for it.
But there are important differences between the evidence presented in Carter and the evidence presented in this case. Ste- phens’s testimony that she maintained contact with Sheffield— including sharing two phone calls the week of the murder—is ev- idence that Stephens and Sheffield were in contact mere days be- fore the crimes, whereas the appellant and...
On October 21, 2021 (one day before a scheduled hearing on pretrial motions and four days before trial started), Sheffield filed a motion to dismiss on the ground that his constitutional right to a speedy trial had been violated. No hearing was held on the motion, and no written order was issued on the motion before trial. However, at the hearing on...
Meeting transcript · Georgia House Judiciary Non-Civil Committee · March 2, 2026
House Judiciary Non-Civil Committee, March 2, 2026
Summary by Georgia Commons (AI-written): The committee approved HB 237, HB 1432 as amended, and HB 997 by substitute with amendments. Members heard presentations and testimony on HB 984 and HB 1395, but the transcript shows no votes on either. Discussion of HB 968, concerning a kratom ban, ended with the chair postponing action until Thursday over concerns about incorporating federal drug classifications into Georgia law. The committee also began reviewing a substitute for HB 1255, concerning the exchange of evidence in criminal cases, and continued that discussion until Thursday without a vote. The chair announced that HB 1142 had been removed from the day's agenda at the sponsor's request and would return Thursday.
This was previously within 10 days. A court can still order a different timeline. Lines 373 through 382 changes the timeline to within 30 days of arraignment, but no later than 30 days prior to trial for when the prosecution must provide witness statements. Lines 383 through 391 changes the timeline for when the state must furnish their witness information...
And this would, uh, also attempt to update our subpoena service rules. Um, I'll go through section by section as quickly as possible. Section 1, and this is LC481803S that we're presenting here. Uh, Section 1 covers that a copy of an indictment from a grand jury must be either mailed or electronically transmitted to the defendant and attorney if none within...
Meeting transcript · Georgia State Senate · January 12, 2026
Senate floor session, January 12, 2026 (legislative day 1)
Summary by Georgia Commons (AI-written): The Senate opened the session by seating two newly elected senators and electing a president pro tem without objection. Members approved resolutions notifying the House and governor that the legislature had convened and arranging a joint session to hear the governor’s message. The Senate adopted the session schedule in HR 998 by a 51–0 vote, after questions about changing dates and accommodating religious holidays. Members also returned calendar measures to committees and removed measures from the table by unanimous consent. A senator gave notice of intended action on SB 204 for the next legislative day, but no vote on that bill occurred. The Senate adjourned until 10 a.m. on January 13.
I recognize the senator from the 53rd. Good morning, Mr. President. Great to see you again. Um, I move under Senate Rule 7-1.10B to give notice that on the next legislative day I intend to move SB204 after House action. Secretary, read the caption. Senate Bill 204, a bill to be in... A bill by Senator Jones of the tw- 2nd of the 22nd, a bill to be entitled...
Meeting transcript · Georgia House of Representatives · April 2, 2026
House floor session, April 2, 2026 (legislative day 40, PM, part 2)
Summary by Georgia Commons (AI-written): The House adopted the fiscal year 2027 budget agreement in HB 974, passed voting-system changes in SB 214, and approved numerous agreements on Senate changes to House legislation. Topics included insurance claims, property transfers after death, traffic stops and school-zone cameras, contraception access, repeat misdemeanor offenses, newborn surrender, and child-abuse reporting. The House also passed local legislation and road-naming resolutions. Two local homestead-exemption bills did not receive enough votes to pass, but the House voted to reconsider them, with no later passage shown. Members honored the first lady, heard remarks from the governor, and thanked legislative staff. The chair announced that study-committee requests would be considered for panels to be appointed later. The House then adjourned for the session.
Yes, it partially does. I would point specifically to section five. That's why it's important, we feel, in order to be able to say what your speed is, because that helps the person with actual evidence contest any tickets. So that is, however, one part of it. The remainder of the problem to be fixed is in Chairman Powell's bill, to which he was just...
Again, we feel that, again, with clarity and consistency, it reads to fair outcomes, removing bias. So again, appreciate, um, all parties working with us to make this the best possible version. This was adopted without objection and unanimously by the Senate. Section three is regarding tinting and essentially harmonizes our window tinting law of motor...
Meeting transcript · Georgia House Judiciary Non-Civil Committee · February 23, 2026
House Judiciary Non-Civil Committee, February 23, 2026
Summary by Georgia Commons (AI-written): The committee approved nine bills covering vehicle obstruction of law enforcement, firearm suppressors, sexual exploitation of vulnerable adults, interstate travel for child molestation, reckless stunt-driving vehicle forfeiture, sexual-assault evidence retention, zoo animal protections, controlled-substance scheduling and drug possession around children. Members debated whether existing laws already covered vehicle obstruction and whether removing state suppressor restrictions would hinder police responses to gunfire. The committee amended the stunt-driving proposal to require conviction before forfeiture and amended the child-endangerment proposal to address lawful medications and medical cannabis. Four other bills were postponed until Wednesday. All nine approved bills were sent to Rules, with no numerical vote totals announced.
And to your point, it is not the person who's convicted who would have a right to re- to keep that car. In fact, the title has to be transferred to such other family member who is a duly licensed operator, et cetera, et cetera. So it, it does not contemplate giving, keeping that title with the person who's causing the harm. It contemplates keeping the title...
Yes, I believe so. Okay. Robert Lopekh, Robert Smith, can you come up? Thank you. And I'm gonna lead off with a question from right here at the chair real quick. If one of y'all ... If y'all just scoot over. And Robert, I'll just kind of line up a little bit of a straight fairway shot for you. You've heard the handed amendment coming to this legislation. My...
Amendment · Georgia State Senate · September 25, 2026
Sen Floor Amend 1 to HB 651
(2) A law enforcement agency authorized to enforce the speed limit of a school zone, or an agent working on behalf of a law enforcement agency or governing body, shall send by first class first-class mail in an envelope which prominently displays the name and seal or logo of the governing body and addressed to the owner of the motor vehicle within 30 days...
SECTION 5. Said article is further amended by revising Code Section 40-14-12, relating to administrative hearing upon permit suspension or revocation, as follows: "40-14-12. (a) Upon issuance by the commissioner of public safety of an order suspending or revoking the speed detection device permit of any county, municipality, college, or university, the...
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