Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

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 O.C.G.A. § 15-11-564

Total Results: 2  |  Sort by: Relevance  |  Newest First

Copy

In re Interest of K.S., 814 S.E.2d 324 (Ga. 2018).

Cited 16 times | Published | Supreme Court of Georgia | May 7, 2018

...In the Interest of J.S., 340 Ga. App. 733, 733, 797 S.E.2d 185 (2017). K.S., along with his juvenile co-defendants, directly appealed the juvenile court's transfer orders, which the Court of Appeals dismissed, concluding that the plain language of OCGA § 15-11-564 required a party appealing a transfer order to follow the interlocutory appellate procedures of OCGA § 5-6-34 (b)....
...significantly revised Georgia's Juvenile Code, see Ga. L. 2013, p. 294,2 it enacted OCGA § 15-11-560 et seq., which address, inter alia, the transfer of a case from juvenile to superior court for criminal prosecution. Relevant to this case is OCGA § 15-11-564, which provides: (a) The decision of the [juvenile] court regarding transfer of the case [to superior court] shall only be an interlocutory judgment which either a child or the prosecuting attorney, or both, have the right to have revie...
...ust avoid. See Slakman v. Continental Casualty Co., 277 Ga. 189, 190, 587 S.E.2d 24 (2003) (explaining that, when interpreting a statute, a court must avoid "a construction that makes some language mere surplusage"). Turning to the language of OCGA § 15-11-564, the statute makes a juvenile court's transfer decision an "interlocutory judgment" that the parties "have the right to have reviewed." Id....
...In other words, an appeal of an interlocutory order pursuant to OCGA § 5-6-34 (b) is controlled by the discretion of both the trial and appellate courts, giving parties the right to seek review of a judgment. By including the phrase "have the right to have reviewed" within OCGA § 15-11-564 (a), the General Assembly has removed all discretion from the trial and appellate courts that is prescribed via OCGA § 5-6-34 (b) and, instead, has made these interlocutory orders directly appealable. The State argues that a party's ri...
...See also OCGA § 5-6-34 (d) (providing for the review of all decisions which may affect the trial court proceedings below, but only "[w]here an appeal is taken under any provision of subsection (a), (b), or (c)" of OCGA § 5-6-34 ). Our conclusion that OCGA § 15-11-564 provides for a direct appeal of juvenile court transfer orders is bolstered by OCGA § 15-11-564 (b), which stays the proceedings in superior court during the pendency of the appeal.5 When a party seeks an interlocutory appeal pursuant to OCGA § 5-6-34 (b), the proceedings in the lower court are not stayed until an order is issued granting the application and the party subsequently files a notice of appeal. On the other hand, similar to a direct appeal, OCGA § 15-11-564 (b) stays proceedings in the superior court as soon as the appeal of the juvenile court's decision is pending....
...immediate appeal, even though such rulings are often interlocutory rather than final judgments"); In re Paul, 270 Ga. 680, 682, n.6, 513 S.E.2d 219 (1999). Based on the foregoing, and reading the statute in its most natural and reasonable way, OCGA § 15-11-564 provides that decisions regarding the transfer of juveniles to superior court, though interlocutory in nature, are directly appealable to the Court of Appeals....
...power to direct and instruct an agent or subordinate, including the right to remand, modify, or vacate any action by the agent or subordinate, or to act directly in place of the agent or subordinate." Id. at 1514 (10th ed. 2014). We note that OCGA § 15-11-564 (b) does not speak to whether the juvenile court's proceedings are automatically stayed if the State seeks to appeal an order denying the transfer of a case to superior court....
Copy

In the Interest of K.s., a Child, 303 Ga. 542 (Ga. 2018).

Cited 13 times | Published | Supreme Court of Georgia | May 7, 2018

...In the Interest of J. S., 340 Ga. App. 733, 733 (797 SE2d 185) (2017). K. S., along with his juvenile co-defendants, directly appealed the juvenile court’s transfer orders, which the Court of Appeals dismissed, concluding that the plain language of OCGA § 15-11-564 required a party appealing a transfer order to follow the interlocutory appellate procedures of OCGA § 5-6-34 (b)....
... significantly revised Georgia’s Juvenile Code, see Ga. L. 2013, p. 294,2 it enacted OCGA § 15-11-560 et seq., which address, inter alia, the transfer of a case from juvenile to superior court for criminal prosecution. Relevant to this case is OCGA § 15-11-564, which provides: (a) The decision of the [juvenile] court regarding transfer of the case [to superior court] shall only be an interlocutory judgment which either a child or the prosecuting attorney, or both, hav...
...which we must avoid. See Slakman v. Continental Cas. Co., 277 Ga. 189, 190 (587 SE2d 24) (2003) (explaining that, when interpreting a statute, a court must avoid “a construction that makes some language mere surplusage”). Turning to the language of OCGA § 15-11-564, the statute makes a juvenile court’s transfer decision an “interlocutory judgment” that the parties “have the right to have reviewed.” Id....
...In other words, an appeal of an interlocutory order pursuant to OCGA § 5-6-34 (b) is controlled by the discretion of both the trial and appellate courts, giving parties the right to seek review of a judgment. By including the phrase “have the right to have reviewed” within OCGA § 15-11-564 (a), the General Assembly has removed all discretion from the trial and appellate courts that is prescribed via OCGA § 5-6-34 (b) and, instead, has made these interlocutory orders directly appealable. The State argues that a p...
...See also OCGA § 5-6-34 (d) (providing for the review of all decisions which may affect the trial court proceedings below, but only “[w]here an appeal is taken under any provision of subsection (a), (b), or (c)” of OCGA § 5-6-34). Our conclusion that OCGA § 15-11-564 provides for a direct appeal of juvenile court transfer orders is bolstered by OCGA § 15-11-564 (b), which stays the proceedings in superior court during the pendency of the appeal.5 When a party seeks an interlocutory appeal pursuant to OCGA § 5-6-34 (b), the proceedings in the lower court are not stayed until an order is issued granting the application and the party subsequently files a notice of appeal. On the other hand, similar to a direct appeal, OCGA § 15-11-564 (b) stays proceedings in the superior court as soon as the appeal of the juvenile court’s decision is pending. Simply put, an appeal of a decision regarding the transfer of a juvenile to superior court immediately stays the proceedings below, whereas the interlocutory appeal procedures of OCGA § 5-6-34 (b) require the application 5 We note that OCGA § 15-11-564 (b) does not speak to whether the juvenile court’s proceedings are automatically stayed if the State seeks to appeal an order denying the transfer of a case to superior court....
...appeal, even though such rulings are often interlocutory rather than final judgments”); In re Paul, 270 Ga. 680, 682, n.6 (513 SE2d 219) (1999). Based on the foregoing, and reading the statute in its most natural and reasonable way, OCGA § 15-11-564 provides that decisions regarding the transfer of juveniles to superior court, though interlocutory in nature, are directly appealable to the Court of Appeals....