Gourley v. State, 486 S.E.2d 342 (Ga. 1997). · Go Syfert
Gourley v. State, 486 S.E.2d 342 (Ga. 1997). Cases Citing This Book View Copy Cite
15 citation events (11 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Allen (gactapp, 2003-08-12)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Allen
Ga. Ct. App. · 2003 · confidence medium
For ease of discussion, we will address these appeals in reverse order. 1 The State also re-presented the entire case to the grand jury in November 2002, but received a “no bill.” 3 OCGA § 45-11-4 (g). 4 OCGA § 17-7-52 (b). 5 See State v. Epps, 267 Ga. 175 -176 ( 476 SE2d 579 ) (1996) (State may file a direct appeal from an order quashing an indictment). 6 See Eaton v. State, 220 Ga. App. 578, 579 ( 469 SE2d 740 ) (1996) (failure to appeal dismissal of answer in civil forfeiture proceeding “conclusively established the correctness of the trial court’s ruling”). 7 Horton v. State, 1…
cited Cited as authority (rule) State v. Dorsey
Ga. Ct. App. · 2001 · confidence medium
Gourley v. State, 268 Ga. 235, 236 (1) ( 486 SE2d 342 ) (1997).
discussed Cited as authority (rule) Gamble v. State (2×) also: Cited "see"
Ga. Ct. App. · 1998 · confidence medium
Additionally, he asserts that the State was erroneously allowed to enter a nolle prosequi on the first indictment in an effort to preempt its “unavoidable quashing.” In Gourley v. State, 268 Ga. 235, 236 (1) ( 486 SE2d 342 ) (1997), the Supreme Court, in accord with “the rule of construction requiring us to interpret a statute so as to give meaning to all of its parts,” refused to extend the protections of § 17-7-53.1 to bar the defendant’s future prosecution based upon the state’s entry of two nolle prosequi because “neither the first nor the second indictment was quashed as a …
discussed Cited "see" State v. Sara Elizabeth Walker (2×)
Ga. Ct. App. · 2023 · signal: see · confidence high
See generally Gourley v. State, 268 Ga. 235 ( 486 SE2d 342 ) (1997).
discussed Cited "see" State v. Lejeune (2×)
Ga. · 2003 · signal: see · confidence high
See Gourley v. State, 268 Ga. 235 (1) ( 486 SE2d 342 ) (1997).
discussed Cited "see, e.g." King v. State (2×)
Ga. Ct. App. · 2003 · signal: see also · confidence medium
Eldridge and Mikell, JJ, concur. 1 See Keef v. State, 220 Ga. App. 134, 137 (1) (a) ( 469 SE2d 318 ) (1996). 2 254 Ga. 629 ( 331 SE2d 551 ) (1985). 3 See OCGA § 40-6-180; compare Bilbrey, where the defendant was charged with driving too fast for conditions. 4 See generally Bilbrey, supra at 630-631 (1). 5 Gill v. State, 229 Ga. App. 462, 464 (4) ( 494 SE2d 259 ) (1997). 6 Shelley v. State, 239 Ga. App. 841, 842 (2) ( 521 SE2d 855 ) (1999). 7 Id. 8 Padgett v. State, 239 Ga. 556, 559 ( 238 SE2d 92 ) (1977). 9 Willingham v. State, 265 Ga. 435, 436 (2) ( 457 SE2d 561 ) (1995). 10 OCGA § 40-6-393…
Retrieving the full opinion text from the archive…
Gourley
v.
the State
S97A0799.
Supreme Court of Georgia.
Jun 30, 1997.
486 S.E.2d 342
Wolfe & Steel, Brian Steel, for appellant., Tommy K. Floyd, District Attorney, James L. Wright III, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, H. Maddox Kilgore, Assistant Attorney General, for appellee.
Hunstein.
Cited by 7 opinions  |  Published
Hunstein, Justice.

On October 11, 1995, the Henry County Grand Jury returned indictment number 95-CR-0473 against appellant Gary Gourley charging him with murder, felony murder, and aggravated assault. The State subsequently discovered that a member of the grand jury was a convicted felon. Gourley was notified of this defect and he filed a motion to quash the indictment. Before any action was taken on Gourley’s motion to quash, he was indicted by a second grand jury on the same charges as contained in indictment number 95-CR-0473. Gourley filed a motion to quash the second indictment again alleging that a convicted felon served on the grand jury. On March 11, 1996, the State filed motions to nolle prosequi both the first and second indictments; the trial court consented. On March 13, 1996, the grand jury returned a third indictment against Gourley which contained the same language found in the two previous indictments. At arraignment, Gourley filed a plea of former jeopardy under OCGA § 17-7-53.1 claiming prosecution on the third indictment is barred by the State’s entry of nolle prosequi to the two previous indictments. The trial court denied Gourley’s plea and he appeals. We find OCGA § 17-7-53.1 inapplicable under the facts of this case and affirm.

1. OCGA § 17-7-53.1 provides:

If, upon the return of two “true bills” of indictments or presentments by a grand jury on the same offense, charge, or allegation, the indictments or presentments are quashed for the second time, whether by ruling on a motion, demurrer, special plea or exception, or other pleading of the defendant[*236] or by the court’s own motion, such actions shall be a bar to any future prosecution of such defendant for the offense, charge, or allegation.
Decided June 30, 1997 — Reconsideration denied July 17, 1997. Wolfe & Steel, Brian Steel, for appellant. Tommy K. Floyd, District Attorney, James L. Wright III, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. [*237] Smith, Senior Assistant Attorney General, H. Maddox Kilgore, Assistant Attorney General, for appellee.

[*236] Gourley urges this Court to equate the “quashing” of an indictment “by ruling on a motion, demurrer, special plea or exception, or other pleading of the defendant or by the court’s own motion” with the State’s exercise of its discretion not to further prosecute an indictment. See OCGA § 15-18-9 (authorizing State to enter nolle prosequi on terms prescribed by law). This we refuse to do. Section 17-7-53.1 acts as a bar to prosecution on a third indictment for the same offense if the trial court has quashed two prior indictments in response to specific matters raised by either the defendant or on the court’s own motion. Nothing in § 17-7-53.1 evidences an intent to include actions initiated by the State in the enumerated matters giving rise to application of the statutory bar to future prosecution. Indeed, to interpret § 17-7-53.1 to bar future prosecution upon the State’s entry of two nolle prosequi would require us to ignore the limiting language “motion ... or other pleading of the defendant or by the court’s own motion” and distort the meaning of the statute, thereby violating the rule of construction requiring us to interpret a statute so as to give meaning to all of its parts. See Gilbert v. Richardson, 264 Ga. 744 (3) (452 SE2d 476) (1994).

Although two indictments had been brought against Gourley and nolle prosequi entered, neither the first nor the second indictment was quashed as a result of action by Gourley or on the court’s own motion. Accordingly, the trial court correctly ruled that § 17-7-53.1 was not a statutory bar to Gourley’s prosecution under the third indictment. Redding v. State, 205 Ga. App. 613 (2) (423 SE2d 10) (1992).

2. Because we find OCGA § 17-7-53.1 inapplicable where the previous indictments are nolle prossed by the State, we do not address the State’s argument that Gourley’s motions to quash were not timely filed.

Judgment affirmed.

All the Justices concur.