Hill v. State
309 Ga. App. 531
Ga. Ct. App.2011Background
- Hill fired a shotgun at two individuals during a personal quarrel and was detained on a juvenile complaint on July 16, 2009.
- A delinquency petition was filed July 20, 2009 alleging offenses that would be aggravated assault and firearm-related charges if adult.
- The juvenile court transferred Hill to superior court nunc pro tunc November 13, 2009, citing danger to the community and unreformability in juvenile system.
- Hill was not indicted in superior court until April 20, 2010.
- Hill moved to return the case to juvenile court under OCGA § 17-7-50.1 after indictment was beyond 180 days from detention; plea followed denial of review.
- The superior court denied transfer and Hill pled guilty; the court later vacated the conviction and remanded for transfer due to lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 180-day time limit runs from detention date. | Hill | State | Time runs from detention; transfer required if not indicted within 180 days. |
| Whether transfer to juvenile court was mandatory when indictment did not occur timely. | Hill | State | Case must be transferred to juvenile court under 17-7-50.1(b). |
| Whether a guilty plea waives jurisdictional challenge. | Hill | State | Jurisdictional issue not waived by a guilty plea. |
| Whether the superior court lacked jurisdiction to accept the plea. | Hill | State | Superior court lacked jurisdiction; plea vacated and remand directed. |
Key Cases Cited
- Covin v. State, 272 Ga.App. 65 (2005) (waiver limits on appeals; jurisdictional issues preserved)
- Hooten v. State, 212 Ga.App. 770 (1994) (unconditional guilty plea does not waive jurisdictional challenges)
- Spivey v. State, 274 Ga.App. 834 (2005) (strict construction against criminal liability when statute is open to interpretation)
- State v. Sullivan, 237 Ga.App. 677 (1999) (indictment proper when jurisdiction lacks due to delayed transfer)