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

O.C.G.A. § 15-12-102 (2019)

Applicability of part

✓ 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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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.

History

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

Annotations

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).

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ARTICLE 5 TRIAL JURIES

Law reviews. - For note discussing racial discrimination in jury selection, see 1 Ga. L. Rev. 674 (1967).

RESEARCH REFERENCES

ALR. - Permitting jury in civil cases to examine, or take into jury room, the pleadings or copies thereof, 89 A.L.R. 1260.

Member of grand or petit jury as officer within constitutional or statutory provisions in relation to oath or affirmation, 118 A.L.R. 1098.

Permitting or refusing to permit jury in criminal case to examine or take into jury room the indictment or information or other pleading or copy thereof, 120 A.L.R. 463.

Prejudicial effect of unauthorized view by jury in civil case of scene of accident or premises in question, 11 A.L.R.3d 918.

Propriety of order forbidding news media from publishing names and addresses of jurors in criminal cases, 36 A.L.R.4th 1126.

Propriety of use of multiple juries at joint trial of multiple defendants in state criminal prosecution, 41 A.L.R.4th 1189.

Taking and use of trial notes by jury, 36 A.L.R.5th 255.

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PART 1 IN GENERAL

Cross references. - Rendering of verdict in criminal action, T. 17, C. 9.

Notes of Decisions
Cited in 4 cases, 2011–2015 · leading case: State v. Lampl, 770 S.E.2d 629 (Ga. 2015).
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State v. Lampl, 770 S.E.2d 629 (Ga. 2015). · cites it 2× “) 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).”
Kenerly v. State, 715 S.E.2d 688 (Ga. Ct. App. 2011). · cites it 2× “OCGA § 15-12-102 provides: “Except as otherwise provided by this part, the law relative to grand juries shall apply to the grand juries provided for by this part.”
State v. Lampl, 750 S.E.2d 685 (Ga. Ct. App. 2013). · cites it 2× “See OCGA § 15-12-102. With respect to regular grand juries, their duties “shall be confined to such matters and things as [they are] required to perform by the Constitution and laws or by order of.”
State v. John James Lampl (Ga. Ct. App. 2013). · cites it 2× “Although a special purpose grand jury is limited to investigative purposes and has no power to return an indictment,1 the law otherwise relative to regular grand juries applies to special purpose grand juries.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.