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2018 Georgia Code 17-7-172 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-7-172 Case Law from Google Scholar Amendments to OCGA 17-7-172

TITLE 17 CRIMINAL PROCEDURE

Section 7. Pretrial Proceedings, 17-7-1 through 17-7-211.

ARTICLE 7 DEMAND FOR TRIAL; ANNOUNCEMENT OF READINESS FOR TRIAL

17-7-172. Requirement of announcement by state of readiness for trial prior to announcement by defendant; speedy trial.

The state shall be required in every case to announce ready or not ready for trial, except in those cases where the defendant is entitled by law to demand a speedy trial, before the defendant shall be called on to make such announcement.

(Ga. L. 1862-63, p. 138, § 1; Code 1868, § 4613; Code 1873, § 4710; Code 1882, § 4710; Penal Code 1895, § 959; Penal Code 1910, § 984; Code 1933, § 27-1902; Ga. L. 2006, p. 893, § 3/HB 1421.)

JUDICIAL DECISIONS

Continuance at defendant's request.

- Since the state was ready to proceed with the defendant's trial within four months of the offense, but the defendant requested a continuance to prepare the defendant's case, any delay in trial was caused by the defendant's own actions, and the defendant was not denied a speedy trial. Myron v. State, 248 Ga. 120, 281 S.E.2d 600 (1981), cert. denied, 454 U.S. 1154, 102 S. Ct. 1025, 71 L. Ed. 2d 310 (1982).

Cited in Young v. Ricketts, 242 Ga. 559, 250 S.E.2d 404 (1978); Garner v. State, 159 Ga. App. 244, 282 S.E.2d 909 (1981); Ruffin v. State, 284 Ga. 52, 663 S.E.2d 189 (2008).

RESEARCH REFERENCES

Am. Jur. 2d.

- 21 Am. Jur. 2d, Criminal Law, §§ 273, 284.

C.J.S.

- 22A C.J.S., Criminal Law, § 632 et seq. 23A C.J.S., Criminal Law, §§ 1569, 1570.

Cases Citing O.C.G.A. § 17-7-172

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Ruffin v. State, 284 Ga. 52 (Ga. 2008).

Cited 167 times | Published | Supreme Court of Georgia | Jun 30, 2008 | 663 S.E.2d 189, 2008 Fulton County D. Rep. 2188

...Under Georgia procedural practice, “specially setting” a trial is generally the best way to ensure that it goes forward on a date certain. Ruffin does not allege a violation of his statutory right to a speedy trial. See OCGA §§ 17-7-170 to 17-7-172. See Klopfer v....
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Ruffin v. State, 663 S.E.2d 189 (Ga. 2008).

Cited 137 times | Published | Supreme Court of Georgia | Jun 30, 2008

...NOTES [1] Under Georgia procedural practice, "specially setting" a trial is generally the best way to ensure that it goes forward on a date certain. [2] Ruffin does not allege a violation of his statutory right to a speedy trial. See OCGA §§ 17-7-170 to 17-7-172....
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Herbert v. State, 708 S.E.2d 260 (Ga. 2011).

Cited 37 times | Published | Supreme Court of Georgia | Mar 18, 2011 | 288 Ga. 843, 2011 Fulton County D. Rep. 787

...Georgia is a signatory to the IAD, which is codified at OCGA §§ 42-6-20 to 42-6-25 (the Georgia IAD). The trial court denied the motion on May 14, 2008, but granted Herbert permission to file an out-of-time motion for a speedy trial under the Georgia Speedy Trial Act, OCGA §§ 17-7-170 to 17-7-172, which the court granted....