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Call Now: 904-383-7448Whenever any criminal prosecution commenced by this state against any person for a violation of the laws of this state is removed to a United States district court pursuant to Chapter 89 of Title 28 of the United States Code, it shall be the duty of the district attorney of the circuit from which the case was removed, in association with the Attorney General, to appear for the state as the prosecuting officers of the state. The expenses incurred by the district attorney as actual costs in the prosecution of any such case shall be paid by the state out of such funds as may be provided for the operation of the superior courts or as otherwise may be provided by law.
(Ga. L. 1882-83, p. 98, §§ 1, 2; Code 1933, § 24-2909; Ga. L. 1977, p. 1257, § 5.)
- Chapter 89, T. 28 of the United States Code, referred to in this Code section, is codified at 28 U.S.C. § 1441 et seq.
Cited in McClendon v. May, 37 F. Supp. 2d 1371 (S.D. Ga. 1999).
- 63C Am. Jur. 2d, Prosecuting Attorneys, § 23 et seq.
- 27 C.J.S., District and Prosecuting Attorneys, § 32 et seq.
- Necessity that condition, as regards jurisdictional amount, of right of removal of case from state to federal court, shall have existed at time of commencement of action, 107 A.L.R. 1115.
Time for filing petition for removal of action from state to federal courts as affected by extension of time for pleading, 108 A.L.R. 966.
Separable controversy for purpose of removal from state to federal court as arising out of action in which nonresident master or principal is joined as defendant with a resident servant or agent, 110 A.L.R. 188.
Anticipatory relief in federal courts against state criminal prosecutions growing out of civil rights activities, 8 A.L.R.3d 301.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 1997-02-03
Citation: 480 S.E.2d 32, 267 Ga. 476, 97 Fulton County D. Rep. 372, 1997 Ga. LEXIS 43
Snippet: cause for reversal. Dixon v. State, 196 Ga.App. 15, 18(7), 395 S.E.2d 577 (1990). More significantly, the