In Re Cb
313 Ga. App. 778
Ga. Ct. App.2012Background
- An arrest warrant issued on July 29, 2009 for 15-year-old C.B., who has been detained since then.
- Superior court had exclusive jurisdiction over certain offenses under OCGA § 15-11-28(b)(2)(A)(v)-(vi).
- An indictment was returned against C.B. on February 1, 2010 for those and additional offenses.
- Because the State failed to indict within 180 days, the superior court transferred the case to the juvenile court under OCGA § 17-7-50.1(b).
- The State moved to transfer the case back to the superior court under OCGA § 15-11-30.2; the juvenile court granted, and C.B. appealed.
- The Georgia Court of Appeals reversed, holding the transfer back was improper because the 180-day indictment deadline was mandatory and not met.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the transfer back to the superior court violate the 180-day indictment deadline? | State: transfer back is permissible since not explicitly barred by statute. | C.B.: time limits are mandatory; indictment not timely obtained voids jurisdiction. | Transfer back improper; jurisdiction lost and transfer back void. |
| What is the proper measurement and effect of the 180-day period for detention cases? | State argues time calculation may be read to permit transfer back. | C.B.: time begins at detention and mandatory deadlines apply to either jurisdiction. | 180 days begins at detention; once time expires, jurisdiction is lost and transfer back is moot. |
Key Cases Cited
- Hill v. State, 309 Ga.App. 531 (2011) (mandatory 180-day indictment deadline governs juvenile-transfer context)
- Nunnally v. State, 311 Ga.App. 558 (2011) (extension rule limited; cannot extend after 180 days)
- In the Interest of C.G., 291 Ga.App. 743 (2008) (transfer back denied; no direct time-limit guidance for this case)
- Rocha v. State, 234 Ga.App. 48 (1998) (direct appealability of transfer orders)