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State v. Johnson
292 Ga. 409
Ga.
2013
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Background

  • 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)
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Case Details

Case Name: State v. Johnson
Court Name: Supreme Court of Georgia
Date Published: Feb 4, 2013
Citation: 292 Ga. 409
Docket Number: S12A2085
Court Abbreviation: Ga.