Nunnally v. State
311 Ga. App. 558
Ga. Ct. App.2011Background
- Nunnally, age 16 at arrest, was arrested on Oct 2, 2009 for aggravated assault, armed robbery with a firearm, and firearms during a felony; superior court had jurisdiction over the matter.
- Nunnally turned 17 on Dec 28, 2009 and was transferred to the county jail.
- Indictment for the charges was returned on May 4, 2010, 214 days after detention.
- On Jul 6, 2010, Nunnally moved to quash the indictment and transfer to juvenile court for failure to indict within 180 days under OCGA 17-7-50.1.
- State sought a retroactive extension of time to file the indictment, and the trial court granted an out-of-time extension on Oct 20, 2010, more than a year after detention.
- The trial court denied Nunnally’s motion and implicitly granted the extension; the case proceeded in the trial court and this interlocutory appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 180-day deadline and transfer are mandatory under OCGA 17-7-50.1. | Nunnally contends the 180-day period was not met and the case must be transferred. | State argues an after-the-fact extension can render timely indictment. | Indictment void; mandatory transfer to juvenile court. |
| Whether the extension statute can authorize a retroactive extension after the deadline. | Nunnally argues extensions cannot cure untimely indictments. | State contends an extension granted after the period may be valid. | Extension granted after deadline cannot cure untimely indictment; grand jury loses authority. |
Key Cases Cited
- Hill v. State, 309 Ga.App. 531, 710 S.E.2d 667 (2011) (indictment outside 180 days requires transfer to juvenile court; applies mandatory transfer)
- State v. Henderson, 263 Ga.508, 436 S.E.2d 209 (1993) (‘shall’ is mandatory; jurisdictional timelines terminate actions)
- Haugen v. Henry County, 277 Ga. 743, 594 S.E.2d 324 (2004) (statutory terms are to be read as plain and mandatory)
- Hollowell v. Jove, 247 Ga. 678, 279 S.E.2d 430 (1981) (plain construction governs where terms are unambiguous)
- Smith v. State, 192 Ga.App. 604, 386 S.E.2d 370 (1989) (demonstrates automatic discharge upon certain terminations)
- Sikes v. Charlton County, 103 Ga.App. 251, 119 S.E.2d 59 (1961) (nunc pro tunc limitations; cannot cure non-action)
- Brown v. Kroger Co., 278 Ga. 65, 597 S.E.2d 382 (2004) (automatic dismissal rules; loss of jurisdiction if not timely)