Richardson v. St. Lawrence
289 Ga. 149
Ga.2011Background
- Richardson was arrested in New York on December 9, 2008 for the murder of Carl Joyner in Chatham County and remained in custody.
- Because the murder charge was not heard by a grand jury within 90 days, OCGA § 17-7-50 required the trial court to set a bond.
- On March 12, 2009 the court signed a $50,000 bond, and on March 18 Richardson was indicted for multiple crimes including malice murder, felony murder, aggravated assault, and possession of a firearm during a crime.
- On March 31, 2009 the bond order was filed, a bench warrant was issued on the new charges, and Richardson was arrested on the warrant and jailed.
- On June 18, 2009 the trial court denied bond on the new charges, finding him a flight risk and a danger to the community.
- Richardson filed a habeas petition on June 25, 2010 arguing the 17-7-50 bond applied to the new charges; the habeas court denied relief on July 2, 2010, and the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 17-7-50 requires bond on the new charges. | Richardson argues 17-7-50 applies to the new charges. | State asserts 17-7-50 does not apply to subsequent charges. | Bond not required on new charges under 17-7-50. |
Key Cases Cited
- Bryant v. Vowell, 282 Ga. 437, 651 S.E.2d 77 (Ga. 2007) (limits bail to crimes not heard by grand jury within 90 days; predicates on original detention)
