O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-11-564 (2019)

Appeal of transfer order

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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. (b) 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

History

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

Annotations

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).

Notes of Decisions
Cited in 18 cases (6 in the last 5 years), 2014–2023 · leading case: In the Interest Of: T. L., a Child, 797 S.E.2d 185 (Ga. Ct. App. 2017).
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In the Interest Of: T. L., a Child, 797 S.E.2d 185 (Ga. Ct. App. 2017). · cites it 67× “Because the juvenile proceedings in these cases commenced after January 1, 2014, we conclude that OCGA § 15-11-564 of Georgia’s new Juvenile Code required that the defendants comply with this Court’s interlocutory appeal procedures.”
In re Interest of K.S., 814 S.E.2d 324 (Ga. 2018). · cites it 18× “, 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…”
In the Interest of K.s., a Child, 303 Ga. 542 (Ga. 2018). · cites it 18× “, 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…”
In the Interest of M. J., 757 S.E.2d 184 (Ga. Ct. App. 2014). · cites it 2× “…only in those places authorized for the preadjudication detention of a child as set forth in Code Section 15-11-504. OCGA § 15-11-564 (2014).”
In the Interest of J. A., a Child (Ga. Ct. App. 2020). · cites it 25× “is entitled to a direct appeal under OCGA § 15-11-564 (a), which provides: (a) 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…”
In the Interest of J. S. A., a Child, 816 S.E.2d 399 (Ga. Ct. App. 2018). · cites it 2× “"), overruled on other grounds by enactment of OCGA § 15-11-564. In any event, we do not read his argument to this Court to be that the trial court was prohibited from entering such an informal adjustment without the proper petition being filed, rather, that he be allowed the…”
Carson Mumphery v. State (Ga. Ct. App. 2020). · cites it 6× “Accordingly, we remand the case for entry of a specific dismissal order pursuant to OCGA § 15-11-566.”
In the Interest Of: E. H., a Child (Ga. Ct. App. 2016). · cites it 5× “’s delinquency petition was filed after January 1, 2014, OCGA § 15-11-564 of Georgia’s new Juvenile Code required that he comply with the interlocutory appeal procedures found in OCGA § 5-6-34 (b).”
In the Interest of B.B., a Child (Ga. Ct. App. 2021). · cites it 5× “We first address whether the State may directly appeal from the juvenile court’s order pursuant to OCGA § 15-11-564 (a). This Code section provides: “The decision of the court regarding transfer of the case shall only be an interlocutory judgment which either a child or the…”
Gary Jaquan Bailey v. State (Ga. Ct. App. 2021). · cites it 4× “” O.C.G.A. § 15-11-564. This court has twice held that O.”
In the Interest of R.J.A., a Child (Ga. Ct. App. 2022). · cites it 4× “The state argues that OCGA § 15-11-564 (a) does not apply because the order on appeal was not, in the state’s words, “a traditional transfer of the case” under OCGA §§ 15-11-561 and 15-11-562, which pertain to a juvenile court’s optional transfer of a delinquency action over…”
In the Interest Of: L.C., a Child (Ga. Ct. App. 2017). · cites it 2× “However, this Court recently held that in juvenile proceedings commenced after January 1, 2014, OCGA § 15-11-564 of Georgia’s new Juvenile Code requires that a party seeking to appeal an order transferring a delinquency case from juvenile court to superior court must follow this…”
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