CopyCited 61 times | Published | Supreme Court of Georgia | Nov 19, 2012 | 735 S.E.2d 736, 2012 Fulton County D. Rep. 3623
...randa may be admitted solely for the purpose of impeaching the defendant’s own testimony at trial). The State did not appeal any ofthese suppression rulings before trial, see OCGA §
5-7-1 (a) (4), or seek interim review, see OCGA §§
17-10-35.1,
17-10-35.2, nor has the State challenged them in this appeal as a basis for contesting the trial court’s other rulings....
...A DeKalb County grand jury indicted Ellington on June 12,2006, charging him with three counts of malice murder. On June 21,2006, the State filed notice of its intent to seek the death penalty. The trial court ruled that interim review was inappropriate in this case, see OCGA §
17-10-35.2 (granting trial courts the discretion to determine that interim review is not appropriate), although several issues discussed in this opinion appear appropriate for such review....
...as any doubt about its rulings. See Wagner v. State, 282 Ga. *138149, 151 (646 SE2d 676) (2007) (addressing a voir dire issue on interim review); Zellmer,
272 Ga. 735 (addressing the proper scope of voir dire on interim review); OCGA§§
17-10-35.1,
17-10-35.2....
CopyCited 43 times | Published | Supreme Court of Georgia | Jun 17, 2013 | 744 S.E.2d 738, 2013 Fulton County D. Rep. 1856
...359, 361 (2) (264 SE2d 862) (1980) (noting discretion of trial court with respect to such matters).
4. Edenfield also argues that the trial court erred when it denied his request for leave to file an application for interim review in this Court. The denial of such a request cannot be appealed. See OCGA §
17-10-35.2 (“An order obviating interim appellate review shall not be appealable.”)....
CopyCited 39 times | Published | Supreme Court of Georgia | Feb 26, 1993 | 262 Ga. 805, 93 Fulton County D. Rep. 768
...Charron, District Attorney, Jack E. Mallard, Assistant District Attorney, Michael J. Bowers, Attorney General, for appellee. SEARS-COLLINS, Justice. This is an interim appellate review of a case in which the state seeks a death sentence. See OCGA §§
17-10-35.1 and
17-10-35.2....
CopyCited 25 times | Published | Supreme Court of Georgia | Feb 18, 1993 | 262 Ga. 808, 93 Fulton County D. Rep. 682
...Summer, for appellant. C. Andrew Fuller, District Attorney, Leonard C. Parks, Assistant District Attorney, for appellee. SEARS-COLLINS, Justice. This is an interim appellate review of a case in which the state seeks a death sentence. See OCGA §§
17-10-35.1 and
17-10-35.2....
CopyCited 23 times | Published | Supreme Court of Georgia | Sep 27, 2004 | 278 Ga. 418, 2004 Fulton County D. Rep. 3129
...to recuse the trial judge at issue in this case, is permissible under the interim review procedure applicable to death penalty cases. The interim review procedure is set forth by statutes and by the Unified Appeal Procedure. OCGA §§
17-10-35.1 to
17-10-35.2; OCGA §
5-6-34(c); U.A.P. II(F). It permits either party to seek pre-authorization from the trial court to seek an appeal before this Court and, if successful in obtaining that pre-authorization, to have an application for appeal considered by this Court. OCGA §
17-10-35.2; U.A.P....
CopyCited 23 times | Published | Supreme Court of Georgia | Mar 8, 1993 | 263 Ga. 11, 93 Fulton County D. Rep. 869
...been explicitly addressed before Sermons, we have never approved of or allowed it. [3] The prosecutor in this case nevertheless declined to seek pretrial approval of the use of such evidence via interim appellate review, see OCGA §§
17-10-35.1 and
17-10-35.2, as did the prosecutor in Sermons....
CopyCited 17 times | Published | Supreme Court of Georgia | May 15, 2017 | 800 S.E.2d 307
...30, 2015.
The trial court had denied Ricks’s initial request for interim review on September 30,2014. On December 31, 2015, however, the court filed an order authorizing his application to this Court for interim review. See OCGA §§
17-10-35.1,
17-10-35.2; UAP II (F), (H)....
CopyCited 4 times | Published | Supreme Court of Georgia | May 17, 2021 | 311 Ga. 524
...(b), “interim review” is available only in death penalty cases. See OCGA § 17-
10-35.1 (“In cases in which the death penalty is sought, there may be a review
of all pretrial proceedings by the Supreme Court upon a determination by the
trial judge under Code Section
17-10-35.2 that such review is appropriate.”);
Unified Appeal Procedure (“UAP”) (Uniform Superior Court Rule 34)
(establishing rules for identification and review of potential legal issues arising
in death penalty cases)....
CopyCited 4 times | Published | Supreme Court of Georgia | Apr 29, 1996 | 469 S.E.2d 651, 96 Fulton County D. Rep. 1508
...Although at both terms juries were impaneled and qualified to try Franks, and the defense was present in court announcing ready for trial, Franks has not been tried. Therefore, citing OCGA §
17-7-171 (b), Franks filed a motion for discharge and acquittal. The trial court subsequently conducted a hearing pursuant to OCGA §
17-10-35.2 to determine whether interim appellate review would be appropriate....
...He points out that pretrial review in the Supreme Court is not mandatory, first because this Court may deny interim appellate review pursuant to OCGA §
17-10-35.1 (d), and second because the trial court may enter an order obviating interim appellate review pursuant to OCGA §
17-10-35.2, so that pretrial review proceedings in this Court never commence....
...694 (333 SE2d 827) (1985).
The relief which Franks seeks in this direct appeal, were he to prevail, would render moot any other pretrial rulings which might arguably have been in error. Therefore, Franks declined to raise, in the hearing held pursuant to OCGA §
17-10-35.2, any issues warranting interim appellate review, and neither the state nor Franks filed reports pursuant to OCGA §
17-10-35.1 (a)....
...to OCGA §
17-10-35.1 (c), review of pretrial proceedings in this Court pursuant to subsection (d) has not yet commenced. Upon remand of this case after disposition of this appeal, the trial court is directed to hold a final hearing pursuant to OCGA §
17-10-35.2 and to file an amended report pursuant to OCGA §
17-10-35.1 (a)....
