State v. Brown
315 Ga. App. 282
| Ga. Ct. App. | 2012Background
- On January 6, 2011, a Cobb County grand jury returned an indictment against Dwight Brown in a courtroom in the Cobb County Courthouse (new building).
- The Courthouse had limited public access at the time; exterior doors were locked and the only entry was a guarded catwalk with security measures during transfer of clerk’s files.
- J. Cameron Tribble, Brown's attorney, attempted to observe the indictment return but was delayed entering the courthouse and arrived after the indictment was read.
- The trial court granted Brown’s motion in abatement and quashed the indictment, finding the indictment was not returned in open court due to Tribble’s delayed entry.
- The State argues there is no open-court requirement and that the indictment was or could be considered open court; the trial court's ruling is challenged on these grounds.
- The Georgia appellate court ultimately upheld the trial court, holding the indictment was not returned in open court under the circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must an indictment be returned in open court | State argues no open-court requirement exists | Brown contends open-court requirement exists and was not met | Yes; indictment must be returned in open court |
| Did the delay in Tribble’s entry defeat open-court status | State asserts presence of others in courtroom suffices | Brown asserts delay prevented open-court return | Yes; delay barred open-court return |
| Is any open-court error harmless if no prejudice shown | State contends any error is harmless when no prejudice shown | Brown argues error cannot be deemed harmless under rule | No; failure to return in open court is per se injurious |
| Does presence of media/public in the courtroom establish open court | State relies on public presence to argue open court | Brown asserts mere presence does not automatically establish open court | Not determinative; open-court requirement not satisfied here |
Key Cases Cited
- Cadle v. State, 101 Ga. App. 175 (Ga. App. 1960) (indictment must be received in open court with judge and clerk present)
- Zugar v. State, 194 Ga. 285 (Ga. 1942) (open-court requirement safeguards against star-chamber proceedings)
- Renigar v. United States, 172 F.646 (4th Cir.1909) (historical view on allembracing open-court concept (abrogated later))
- Sampson v. State, 124 Ga. 776 (Ga. 1906) (harmless error considerations cited in open-court context)
- Clinkscales v. State, 102 Ga. App. 670 (Ga. App. 1960) (open-court reception requires public access at the time of indictment)