TATIS v. State
289 Ga. 811
Ga.2011Background
- Tatis was arrested on November 23, 2010 for homicide-murder and armed robbery with warrants issued November 16, 2010.
- He injured himself fleeing arrest, was handcuffed to a hospital bed, and treated at Grady Memorial Hospital for two days.
- After hospital stay, he was booked into Fulton County jail on November 25, 2010.
- A Fulton County grand jury returned an indictment on February 22, 2011, 92 days after arrest and 90 days after jail booking.
- Tatis moved for a reasonable bond under OCGA § 17-7-50; the trial court denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does confinement begin for OCGA 17-7-50? | Tatis argues confinement began at hospital under guard, triggering 90-day period. | State argues confinement begins only upon incarceration in jail/prison. | Confinement includes hospital restraint; 90-day period commenced November 23. |
Key Cases Cited
- Richardson v. St. Lawrence, 289 Ga. 149, 709 S.E.2d 802 (Ga. 2011) (confinement scope under OCGA 17-7-50 includes governmental restraint)
- Bryant v. Vowell, 282 Ga. 437, 651 S.E.2d 77 (Ga. 2007) (defined confinement and application of 90-day rule; not limited to incarceration)
- State v. English, 276 Ga. 343, 578 S.E.2d 413 (Ga. 2003) (discussed confinement timing in 90-day period)
- Rawls v. Hunter, 267 Ga. 109, 475 S.E.2d 609 (Ga. 1996) (mandatory bail setting if grand jury not presented within 90 days)