O.C.G.A.

O.C.G.A. § 15-18-7 (2019)

Representation of state in criminal cases removed to federal court

✓ 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.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

Whenever 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.

History

(Ga. L. 1882-83, p. 98, §§ 1, 2; Code 1933, § 24-2909; Ga. L. 1977, p. 1257, § 5.)

Annotations

JUDICIAL DECISIONS Cited in McClendon v. May, 37 F. Supp. 2d 1371 (S.D. Ga. 1999).

RESEARCH REFERENCES Am. Jur. 2d. - 63C Am. Jur. 2d, Prosecuting Attorneys, § 23 et seq. C.J.S. - 27 C.J.S., District and Prosecuting Attorneys, § 32 et seq. ALR. - 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 ALR 1115. Time for filing petition for removal of action from state to federal courts as affected by extension of time for pleading, 108 ALR 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 ALR 188. Anticipatory relief in federal courts against state criminal prosecutions growing out of civil rights activities, 8 ALR3d 301.

Notes of Decisions
Cited in 1 case, 1988–1988 · leading case: Owens v. Fulton Cnty., 690 F. Supp. 1024 (N.D. Ga. 1988).
Owens v. Fulton Cnty., 690 F. Supp. 1024 (N.D. Ga. 1988). “, § 15-18-7. In addition to these differences in state law, the Georgia district attorney generally has more attributes of a state official than of a county official.”
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.