O.C.G.A.

O.C.G.A. § 17-6-6 (2019)

Clerk of court or judge to provide cash receipt book; furnishing of copies of receipt; disposition of original receipt and bond

✓ 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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Other laws to the contrary notwithstanding, when an order is passed as provided for in Code Section 17-6-5 authorizing an officer to accept cash bonds, it shall be the duty of the clerk of the court, if there is one, or, if there is no clerk, the judge passing the order to furnish the officer or officers authorized under the order with a book of blank receipts, consecutively numbered in triplicate and readily distinguishable and identifiable. The receipts shall be completed by the officers when making an arrest and accepting a cash bond so as to show the name of

the person arrested, date of arrest, nature of the offense, amount of the cash bond given, and the name of the arresting officer. The arresting officer or the person receiving the cash bond shall deliver a copy of the receipt to the person arrested at the time the cash bond is given and shall file the original receipt together with the cash bond with the clerk, or judge, as the case may be, of the court having jurisdiction of the offense not later than the next succeeding business day of such clerk or judge following the date of issuance of the receipt. The remaining copy of the receipt shall be mailed to the commissioner of public safety.

History

Ga. L. 1953, Jan.-Feb. Sess., p. 331, § 2; Ga. L. 1978, p. 1493, § 1.

Annotations

Law reviews. - For comment on Land v. State, 103 Ga. App. 496, 119 S.E.2d 809 (1961), see 14 Mercer L. Rev. 452 (1963).

JUDICIAL DECISIONS Discretion is not unlimited. - Trial court’s discretion under O.C.G.A. § 17-6-6 is not unlimited, particularly when its exercise affronts the goals of deterring the state from violating the state’s discovery obligations and correcting the prejudice to the defendants caused by such violations. Marshall v. State, 230 Ga. App. 116, 495 S.E.2d 585 (1998). Defendant failed to raise noncompliance at trial. - Although O.C.G.A. § 17-6-6 provides remedies for failure to

comply with any of the discovery provisions, since the defendant did not raise the state’s noncompliance at trial, the defendant did not give the trial court the opportunity to exercise the court’s discretion in formulating an appropriate remedy and could not complain for the first time on appeal. Cox v. State, 242 Ga. App. 334, 528 S.E.2d 871 (2000). Cited in Land v. State, 103 Ga. App. 496, 119 S.E.2d 809 (1961).

Notes of Decisions

Cited in 5 cases, 2010–2019 · leading case: Manley v. State, 698 S.E.2d 301 (Ga. 2010).

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Manley v. State, 698 S.E.2d 301 (Ga. 2010). · cites it 4× “See OCGA § 17-6-6. Manley and Allen now contend that their counsel rendered ineffective assistance by failing to protect the testimony of Allen-Brown's mother.”

State v. Javaris Brown, 777 S.E.2d 27 (Ga. Ct. App. 2015). · cites it 4× “When a criminal defendant elects to engage in reciprocal discovery under Georgia’s Criminal Procedure Discovery Act, the State and the defendant are required to produce certain types of evidence and information.”

Rowland v. The State., 825 S.E.2d 231 (Ga. Ct. App. 2019). · cites it 2× “See OCGA § 17-16-1 et seq. If it comes to the attention of the trial court that either the [s]tate or the defendant has failed to comply with the requirements of the Act, the court has wide latitude in fashioning a remedy for such violation.”

Gregory Johnson v. State (Ga. Ct. App. 2013). · cites it 8× “12 If the state fails to comply with a statutory discovery requirement, the trial court, pursuant to OCGA § 17-6-6, may order the state to permit the discovery or inspection, interview of the witness, grant a continuance, or, upon a showing of prejudice and bad faith, prohibit…”

State v. Javaris Brown (Ga. Ct. App. 2015). · cites it 2× “When a criminal defendant elects to engage in reciprocal discovery under Georgia’s Criminal Procedure Discovery Act, the State and the defendant are required to produce certain types of evidence and information.”

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.