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2018 Georgia Code 15-11-564 | Car Wreck Lawyer

TITLE 15 COURTS

Section 11. Juvenile Code, 15-11-1 through 15-11-747.

ARTICLE 6 DELINQUENCY

15-11-564. Appeal of transfer order.

  1. The decision of the court regarding transfer of the case shall only be an interlocutory judgment which either a child or the prosecuting attorney, or both, have the right to have reviewed by the Court of Appeals.
  2. The pendency of an interlocutory appeal shall stay criminal proceedings in superior court. A child transferred for trial as an adult in superior court shall be detained only in those places authorized for the preadjudication detention of a child as set forth in Code Section 15-11-504.

(Code 1981, §15-11-564, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Cross references.

- Orders, decisions, or judgments appealable and a defendant's right to cross appeal, § 5-7-1.

Law reviews.

- For annual survey on criminal law, see 66 Mercer L. Rev. 37 (2014).

JUDICIAL DECISIONS

Interlocutory appeal procedures must be followed.

- Appellate court dismissed the juveniles' appeals for lack of jurisdiction because the juveniles filed direct appeals from the juvenile court's orders transferring their delinquency cases to the superior court for prosecution but their juvenile proceedings commenced after January 1, 2014, and the new Juvenile Code, O.C.G.A. § 15-11-564, applied, which required that the juveniles comply with the court's interlocutory appeal procedures. In the Interest of J. H., 340 Ga. App. 733, 797 S.E.2d 185 (2017).

In cases in which O.C.G.A. § 15-11-564 of the new Juvenile Code applies, a party seeking appellate review of an order transferring a delinquency case from juvenile court to superior court must follow the Georgia Court of Appeals' interlocutory appeal procedures found in O.C.G.A. § 5-6-34(b), including obtaining a certificate of immediate review from the juvenile court and then filing an application with the court seeking permission to appeal from the transfer order. In the Interest of J. H., 340 Ga. App. 733, 797 S.E.2d 185 (2017).

Cases Citing Georgia Code 15-11-564 From Courtlistener.com

Total Results: 1

In re Interest of K.S.

Court: Supreme Court of Georgia | Date Filed: 2018-05-07

Citation: 814 S.E.2d 324

Snippet: concluding that the plain language of OCGA § 15-11-564 required a party appealing a transfer order to