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2018 Georgia Code 15-12-102 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-12-102 Case Law from Google Scholar Amendments to OCGA 15-12-102

TITLE 15 COURTS

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

ARTICLE 4 GRAND JURIES

15-12-102. Applicability of part.

This part shall apply only to all counties and consolidated city-county governments of this state. Except as otherwise provided by this part, Part 1 of this article shall apply to the grand juries authorized by this part.

(Code 1981, §15-12-102, enacted by Ga. L. 2016, p. 186, § 5/HB 941.)

Effective date.

- This Code section became effective July 1, 2016.

Editor's notes.

- This Code section formerly pertained to the application of this part. The former Code section was based on Code 1933, § 59-601a, enacted by Ga. L. 1974, p. 270, § 1; Ga. L. 1976, p. 982, § 1; Ga. L. 1982, p. 541, §§ 1, 2.

Law reviews.

- For article on the 2016 enactment of this Code section, see 33 Georgia St. U.L. Rev. 79 (2016).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions decided under former Code Section 15-12-102 are included in the annotations for this Code section.

Impact of special grand jury's overreach.

- Although the defendant established a violation of the impaneling order, which fixed the scope of the special purpose grand jury's investigative powers to county corruption, but not city, and it also constituted a violation of O.C.G.A. § 15-12-71 and former O.C.G.A. § 15-12-102, neither dismissal of the indictment nor suppression of the evidence was the proper remedy for the grand jury's overreach as no violation of the defendant's constitutional rights nor a structural defect in the grand jury process occurred. State v. Lampl, 296 Ga. 892, 770 S.E.2d 629 (2015);(decided under former O.C.G.A. § 15-12-102).

Cases Citing O.C.G.A. § 15-12-102

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State v. Lampl, 296 Ga. 892 (Ga. 2015).

Cited 18 times | Published | Supreme Court of Georgia | Mar 16, 2015 | 770 S.E.2d 629

... of a special purpose grand jury “shall be confined to such matters and things as it is required to perform by the Constitution and laws or by order of any superior court judge.” (Emphasis added.) OCGA § 15-12-71 (a) (delineating duties of grand juries generally); see also OCGA § 15-12-102 (except as otherwise provided, law relative to grand juries generally applies to special purpose grand juries)....
... impaneling order, which fixed the scope of the special purpose grand jury’s investigative powers. Such a violation, by definition, also constitutes a violation of the statutory provisions delimiting the scope of a grand jury’s duties. See OCGA §§ 15-12-71 (a), 15-12-102....