State v. Johnson
292 Ga. 409
Ga.2013Background
- Johnson, then 15, was arrested Oct 1, 2010 for alleged murder of his grandmother and detained in a youth facility until Oct 11, 2010; released on $50,000 bond with home confinement and electronic monitoring under OCGA § 17-6-1.1.
- May 26, 2011, Johnson was indicted for murder in Whitfield County Superior Court.
- In Nov 2011, Johnson moved to transfer to the juvenile court under OCGA § 17-7-50.1, arguing detention included youth-detention and bond monitoring time.
- Trial court (June 28, 2012) denied dismissal of the indictment but granted transfer to juvenile court, ruling home confinement and electronic monitoring qualified as detention.
- State appealed the transfer order; court held the State cannot appeal a transfer order under OCGA § 17-7-50.1(b) and dismissed the appeal.
- Johnson’s murder charge carried a life sentence, making transfer under OCGA § 15-11-28(b)(2)(B) inapplicable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State may appeal a transfer order under OCGA § 17-7-50.1(b) | State contends transfer orders are appealable under 5-7-1(a) | State lacks explicit authorization to appeal 17-7-50.1(b) transfers | State cannot appeal; appeal dismissed |
Key Cases Cited
- State v. Caffee, 291 Ga. 31 (2012) (State appeals rights are specific; not granted here)
- Fair v. State, 288 Ga. 244 (2010) (General Assembly enacts statutes with knowledge of law; amendments inferred)
- Walker v. State, 290 Ga. 696 (2012) (Construction avoidance of surplusage; avoid interpreting as meaning untethered)
