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2018 Georgia Code 17-10-35.2 | Car Wreck Lawyer

TITLE 17 CRIMINAL PROCEDURE

Section 10. Sentence and Punishment, 17-10-1 through 17-10-71.

ARTICLE 2 DEATH PENALTY GENERALLY

17-10-35.2. Hearing to determine appropriateness of interim appellate review of pretrial rulings.

Prior to the filing of a report by the trial judge under Code Section 17-10-35.1 certifying that pretrial proceedings are complete, the court shall conduct a hearing to determine if an interim appellate review of pretrial rulings is appropriate. The court shall hear from the state and the defense as to whether the delay to be caused by interim appellate review outweighs the need for such review. The court shall order such review and initiate the procedure contained in Code Section 17-10-35.1 unless the court concludes and enters an order to the effect that interim appellate review would not serve the ends of justice in the case. An order obviating interim appellate review shall not be appealable.

(Code 1981, §17-10-35.2, enacted by Ga. L. 1988, p. 1437, § 4.)

Cross references.

- Issues for review, Ga. S. Ct. R. 37.

JUDICIAL DECISIONS

Cited in Caldwell v. State, 260 Ga. 278, 393 S.E.2d 436 (1990); Ellington v. State, 292 Ga. 109, 735 S.E.2d 736 (2012).

Cases Citing Georgia Code 17-10-35.2 From Courtlistener.com

Total Results: 10

Sinkfield v. State

Court: Supreme Court of Georgia | Date Filed: 2021-05-17

Snippet: determination by the trial judge under Code Section 17-10-35.2 that such review is appropriate.”); Unified Appeal

Ricks v. State

Court: Supreme Court of Georgia | Date Filed: 2017-05-15

Citation: 301 Ga. 171, 800 S.E.2d 307, 2017 WL 2061675, 2017 Ga. LEXIS 383

Snippet: Court for interim review. See OCGA §§ 17-10-35.1, 17-10-35.2; UAP II (F), (H). The application was docketed

Edenfield v. State

Court: Supreme Court of Georgia | Date Filed: 2013-06-17

Citation: 293 Ga. 370, 744 S.E.2d 738, 2013 Fulton County D. Rep. 1856, 2013 WL 2928171, 2013 Ga. LEXIS 549

Snippet: such a request cannot be appealed. See OCGA § 17-10-35.2 (“An order obviating interim appellate review

Ellington v. State

Court: Supreme Court of Georgia | Date Filed: 2012-11-19

Citation: 292 Ga. 109, 735 S.E.2d 736, 2012 Fulton County D. Rep. 3623, 2012 Ga. LEXIS 965

Snippet: seek interim review, see OCGA §§ 17-10-35.1, 17-10-35.2, nor has the State challenged them in this appeal

State v. Martin

Court: Supreme Court of Georgia | Date Filed: 2004-09-27

Citation: 603 S.E.2d 249, 278 Ga. 418, 2004 Fulton County D. Rep. 3129, 2004 Ga. LEXIS 802

Snippet: Unified Appeal Procedure. OCGA §§ 17-10-35.1; 17-10-35.2; 5-6-34 (c); U.A.P. II (F). It permits either

Franks v. State

Court: Supreme Court of Georgia | Date Filed: 1996-04-29

Citation: 266 Ga. 707, 469 S.E.2d 651, 96 Fulton County D. Rep. 1508, 1996 Ga. LEXIS 175

Snippet: subsequently conducted a hearing pursuant to OCGA § 17-10-35.2 to determine whether interim appellate review

Moore v. State

Court: Supreme Court of Georgia | Date Filed: 1993-03-08

Citation: 427 S.E.2d 766, 263 Ga. 11, 93 Fulton County D. Rep. 869, 1993 Ga. LEXIS 275

Snippet: appellate review, see OCGA §§ 17-10-35.1 and 17-10-35.2, as did the prosecutor in Sermons. Instead, he

Sears v. State

Court: Supreme Court of Georgia | Date Filed: 1993-02-26

Citation: 426 S.E.2d 553, 262 Ga. 805, 93 Fulton County D. Rep. 768, 1993 Ga. LEXIS 253

Snippet: a death sentence. See OCGA §§ 17-10-35.1 and 17-10-35.2. 1. Sears contends the trial judge should be

Mobley v. State

Court: Supreme Court of Georgia | Date Filed: 1993-02-18

Citation: 426 S.E.2d 150, 262 Ga. 808, 93 Fulton County D. Rep. 682, 1993 Ga. LEXIS 237

Snippet: a death sentence. See OCGA §§ 17-10-35.1 and 17-10-35.2. An earlier trial ended in a mistrial. Mobley

In the Matter of Pacific & Southern Co.

Court: Supreme Court of Georgia | Date Filed: 1987-10-13

Citation: 361 S.E.2d 159, 257 Ga. 484, 14 Media L. Rep. (BNA) 1764, 1987 Ga. LEXIS 941

Snippet: automatic right of review before this Court. OCGA § 17-10-35. [2] Coleman, Isaacs, and Dungee were indicted