Hipp v. State, 293 Ga. 415

Mark A. Hipp was indicted for aggravated assault and simple battery after pulling a knife during a bar fight; he moved pretrial for immunity under OCGA § 16-3-24.2 (self-defense immunity).
At the pretrial immunity hearing Hipp and his son testified and the State presented no evidence; the trial court nonetheless denied immunity, finding evidence of mutual combat.
Hipp proceeded to trial, asserted a justification/self-defense defense, and the jury convicted him on both counts.
While the case remained in the same term, Hipp moved for a new trial arguing the pretrial denial of immunity was erroneous; the trial court granted a new trial after concluding the pretrial evidence established immunity.
The Court of Appeals reversed, holding the trial court could not revisit its pretrial denial of immunity after the jury rejected the justification defense; the Georgia Supreme Court granted certiorari.
The Georgia Supreme Court reversed the Court of Appeals, holding a trial court has inherent/plenary authority during the same term to reconsider and revise interlocutory rulings (including pretrial immunity denials) prior to final judgment.

Issue	Hipp's Argument	State's Argument	Held
Whether a trial court may revisit a pretrial denial of immunity under OCGA § 16-3-24.2 after a jury rejects justification at trial but before final judgment	Trial court should be able to reconsider and grant immunity based on pretrial evidence and promote justice	Once the jury rejected justification, immunity no longer applied and the pretrial ruling could not be revisited post-conviction	Trial court retains inherent/plenary authority during the same term to reconsider/revise pretrial immunity rulings prior to final judgment; reversal of Court of Appeals

Fair v. State, 284 Ga. 165 (explaining immunity under OCGA § 16-3-24.2 and pretrial determination)
Bunn v. State, 284 Ga. 410 (defendant bears burden by preponderance to establish immunity)
State v. Yapo, 296 Ga. App. 158 (application of immunity statute at pretrial hearing)
Buice v. State, 272 Ga. 323 (trial court may vacate orders within same term; plenary control)
Ritter v. State, 272 Ga. 551 (trial court has plenary power to amend interlocutory rulings during the term)
Moon v. State, 287 Ga. 304 (inherent power to revoke interlocutory rulings ceases with end of term)
Bowen v. State, 239 Ga. 517 (proceedings to vacate orders begun during the term preserve authority)
Singer Mfg. Co. v. Lancaster, 75 Ga. (recognizing inherent power of courts to correct errors and grant new trials)