Malloy v. the State, 329 Ga. App. 38

Malloy was convicted in DeKalb County Superior Court of two counts of Medicaid fraud and sentenced to four years in prison.
Malloy moved for a new trial and sought an appeal bond, which the trial court denied after a hearing.
Malloy appealed the denial of appeal bond, arguing he presented sufficient evidence showing he was not a flight risk.
Georgia law provides no constitutional right to bond pending appeal; denial is reviewed for abuse of discretion under a four-factor test.
The four factors are: substantial risk of flight, danger to others, intimidation or interference with justice, and frivolity or delay of appeal; any one factor supports denial.
The record showed Malloy had community ties but also factors suggesting risk of flight, such as his age, wealth, and outside connections; the court affirmed the denial of bond.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the denial of appeal bond was an abuse of discretion.	Malloy contends the bond denial was improper given evidence disputing flight risk.	State argues the four-factor test supports denial given risk of flight and distrust of assurances.	No abuse of discretion; some evidence supported denial.

Luke v. State, 282 Ga. App. 749 (2006) (recognizes four-factor test for appeal bond decisions and no constitutional right to bond pending appeal)
Abernathy v. State, 245 Ga. App. 857 (2000) (defendant bears burden to show none of four factors apply)
Birge v. State, 238 Ga. 88 (1976) (decision on factors for appeal bond)
Moore v. State, 151 Ga. App. 413 (1979) (supports using the four-factor framework)