The State v. Dorsey
342 Ga. App. 188
| Ga. Ct. App. | 2017Background
- Dorsey, a Fulton County sheriff’s deputy, was indicted for two counts of false imprisonment, two counts of sexual battery, and one count of simple battery based on alleged misconduct in courtrooms on Oct. 3, 2011 and May 30, 2012.
- The May 30, 2012 acts (two sexual battery counts and one simple battery) were charged as misdemeanors; the indictment was filed on May 30, 2014 (exactly two years later).
- The October 3, 2011 and May 30, 2012 false imprisonment counts were charged as felonies.
- Dorsey moved to dismiss and filed a plea in bar asserting the misdemeanor counts were time-barred and separately moved to quash the indictment claiming grand jury presentation procedures for peace officers under OCGA §§ 17-7-52 and 45-11-4 were not followed.
- The trial court granted dismissal of the three misdemeanor counts as barred by the two-year statute of limitations and granted Dorsey’s motion to quash the false imprisonment counts under the peace-officer procedural statutes.
- On appeal, the Court of Appeals affirmed dismissal of the misdemeanor counts but reversed the trial court’s quash of the false imprisonment counts, holding the alleged sexual misconduct occurred outside the performance of official duties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether misdemeanor charges were time-barred | State: indictment filed within two-year period because same day counts as timely | Dorsey: indictment filed one day late; anniversary day not included so prosecution barred | Court: Affirmed dismissal; criminal statute of limitations excludes the first day so filing on the anniversary is one day late |
| Whether OCGA § 1-3-1 time-computation rule extends limitation when last day falls on weekend/holiday | State: § 1-3-1(d)(3) governs and allows counting rules that could give extra days | Dorsey: § 1-3-1 does not apply to criminal statutes of limitation | Court: § 1-3-1(d)(3) does not apply to criminal prosecutions; no extra days allowed; McLendon controlling |
| Whether Dorsey was entitled to grand-jury procedural protections for peace officers (OCGA §§ 17-7-52, 45-11-4) | State: alleged offenses occurred while on duty and in uniform, so protections apply only if acts were within official duties | Dorsey: was on duty and in uniform; therefore entitled to presence and to make a sworn statement when presented to the grand jury | Court: Reversed trial court; officer stepped outside official duties by committing alleged sexual misconduct, so statutory protections did not apply |
| Burden and standard for statute-of-limitations plea in bar | State: bears burden to prove prosecution timely | Dorsey: plea in bar proper where indictment filed after limitation expired | Court: Standard de novo for legal question; State failed to meet burden for misdemeanors; plea sustained |
Key Cases Cited
- McLendon v. State, 14 Ga. App. 274 (1914) (holding anniversary-day filing does not save a prosecution when limitation measured in years)
- Royal v. State, 314 Ga. App. 20 (review standard for plea in bar and mixed questions of fact and law)
- State v. Boykin, 320 Ga. App. 9 (statute-of-limitations burden on State; limitation runs to date of indictment)
- Chase v. State, 285 Ga. 693 (statutory construction presumes legislature knew existing law and statutes construed in harmony)
- Gober v. State, 203 Ga. App. 5 (peace-officer procedural protections do not apply where officer acted outside official duties)
- State v. Galloway, 270 Ga. App. 184 (officer who forced sexual acts was not performing official duties)
- Wiggins v. State, 280 Ga. 268 (officer threatening arrest to obtain sex not acting in course of official duties)