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2018 Georgia Code 15-12-130 | Car Wreck Lawyer

TITLE 15 COURTS

Section 12. Juries, 15-12-1 through 15-12-172.

ARTICLE 5 TRIAL JURIES

15-12-130. When prospective jurors selected for service in superior courts may serve in other courts with concurrent jurisdiction.

Reserved. Repealed by Ga. L. 2011, p. 59, § 1-50/HB 415, effective July 1, 2012.

Editor's notes.

- This Code section was based on Ga. L. 1967, p. 747, §§ 1, 2; Ga. L. 2011, p. 59, § 1-50/HB 415, and was repealed on its own terms, effective July 1, 2012.

Cases Citing O.C.G.A. § 15-12-130

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George v. State, 505 S.E.2d 743 (Ga. 1998).

Cited 5 times | Published | Supreme Court of Georgia | Oct 5, 1998 | 269 Ga. 863

...al filed in a state court case is effective in a term during which no jurors that have been summoned to serve in state court are impaneled, but during which jurors summoned to serve in superior court are impaneled. Because the plain language of OCGA § 15-12-130 provides that jurors summoned to serve in superior court are only qualified to serve in state court if the requirements of § 15-12-130(b) are satisfied, we hold that a demand for speedy trial is not effective during a term such as that described above unless the requirements of subsection (b) are satisfied....
...g of George's demand. In his motion for discharge and acquittal, George, however, correctly noted that jurors that had been summoned to superior court had been impaneled during the May term after he filed his demand, and he contended that under OCGA § 15-12-130(a) the superior court jurors were competent and qualified to try his case in state court....
...f George's demand for speedy trial because no state court jurors were impaneled and qualified to try George's *745 case during the relevant part of the May term. The Court of Appeals affirmed the denial of George's motion, holding that although OCGA § 15-12-130(a) provides for superior court jurors to serve as state court jurors when the superior court and state court have concurrent jurisdiction, subsection (b) only permits subsection (a) to apply when the three requirements of subsection (b) are met. The Court of Appeals found that § 15-12-130(b)(3), which requires that the summons "show[ ] the name of all the courts wherein the juror is eligible to serve," had not been met in this case because the summonses issued to the jurors during the May 1996 term stated only that they were summoned to serve in superior court. The Court of Appeals thus concluded that those superior court jurors were not qualified to serve as state court jurors. For the reasons that follow, we affirm. 1. Briefly stated, subsection (a) of Code Section 15-12-130 provides, in effect, that any juror qualified to serve in superior court in a county "shall be legally qualified and competent to serve as a juror" in state court. [3] Subsection (b) of § 15-12-130, however, qualifies subsection (a) by providing that subsection (a) "shall be applicable only if" the requirements of subsection (b) are satisfied....
...In this case, it is undisputed that at least the last requirement of subsection (b) was not met, in that the summonses sent to the jurors specified only that they were being summoned to serve in superior court. Thus, we conclude that, under the plain language of § 15-12-130, superior court jurors were not qualified and competent to serve as state court jurors during the May term of court following the filing of George's demand for speedy trial....
...Thus, the Court of Appeals' opinions in Scott and Dean are not inconsistent with our holding today that the requirements of subsection (b) must be satisfied before jurors summoned to superior court are competent and qualified to serve in state court under subsection (a) of § 15-12-130....
...NOTES [1] George v. State, 229 Ga.App. 632, 494 S.E.2d 526 (1997). [2] George, 229 Ga.App. at 633, 494 S.E.2d 526, quoting Fletcher v. State, 213 Ga.App. 401, 404, 445 S.E.2d 279 (1994). Accord Waller v. State, 251 Ga. 124, 126(3), 303 S.E.2d 437 (1983). [3] OCGA § 15-12-130(a) provides in full as follows: (a) In any county of this state where there is located any court or courts having county-wide jurisdiction concurrent with the superior courts of this state to try any, all, or any type of case not within...
...state court jurors in superior court whereas this case concerns whether George was entitled to have superior court jurors try his case in state court. The Court in Yancey thus did not have before it the question of the meaning of the requirements of § 15-12-130(b), and Yancey therefore has no bearing on the resolution of that issue....