Seals v. State
311 Ga. 739
| Ga. | 2021Background
- June 2017: Grand jury returned a two-count indictment against Demarquis Seals (rape; child molestation).
- October 2018 trial: jury convicted Seals of child molestation, was hung on the rape count; trial court declared a mistrial as to rape and entered a 20-year sentence on the molestation count.
- Trial court entered a separate order placing the rape count on the dead docket (i.e., administratively inactive but subject to reinstatement).
- Seals filed (and later amended) a motion for new trial; trial court denied it in August 2019; Seals timely appealed to the Court of Appeals without seeking a certificate of immediate review.
- The Court of Appeals dismissed the appeal for lack of jurisdiction, holding the dead-docketed rape count left the entire case pending below; the Georgia Supreme Court granted certiorari and affirmed the dismissal.
- Seals did not obtain a certificate of immediate review; the Supreme Court held that a dead-docketed count is undecided for finality purposes and thus precludes an immediate appeal under OCGA § 5-6-34(a)(1).
Issues
| Issue | Seals' Argument | State's Argument | Held |
|---|---|---|---|
| Whether a criminal "case" is final under OCGA § 5-6-34(a)(1) when one or more counts have been dead-docketed after a mistrial | Dead-docketing ends or inactivates that count so the convicted-count judgment is final and immediately appealable | A dead-docketed count remains part of the same pending case; a count placed on the dead docket is undecided and prevents an immediate appeal on other counts | A dead-docketed count remains pending; the entire case is not final and immediate appeal under OCGA § 5-6-34(a)(1) is improper; a certificate of immediate review is required |
Key Cases Cited
- Keller v. State, 275 Ga. 680 (2002) (case not final and appealable until trial court enters written judgment on each count)
- Zorn v. Lamar, 71 Ga. 80 (1883) (case remains pending while issues remain untried in trial court)
- Collins v. Miller, 252 U.S. 364 (1920) (federal rule that an appealable judgment must be final and complete as to all causes of action and subject matter)
- Beam v. State, 265 Ga. 853 (1995) (describing dead docket as indefinite postponement that may be reinstated)
- Phillips v. State, 279 Ga. 704 (2005) (dead-docketed counts are not dismissals or terminations and may be called for trial at the court's pleasure)