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2018 Georgia Code 17-8-72 | Car Wreck Lawyer

TITLE 17 CRIMINAL PROCEDURE

Section 8. Trial, 17-8-1 through 17-8-76.

ARTICLE 4 CONDUCT AND ARGUMENT OF COUNSEL

17-8-72. Time limits on closing argument - Misdemeanors and cases from inferior judicatories.

In all misdemeanor cases and cases brought up from inferior judicatories, counsel for either party shall not occupy more than one-half hour in the whole discussion of the case after the evidence is closed without obtaining special leave of the court before the argument is opened.

(Ga. L. 1924, p. 75, § 2; Code 1933, § 27-2203.)

U.S. Code.

- Closing arguments, Federal Rules of Criminal Procedure, Rule 29.1.

JUDICIAL DECISIONS

Showing required for time extension generally.

- It is necessary that counsel make a showing in the manner prescribed, as to the necessity of an extension of time, in order to do justice to the case of their client. If the showing required by this section is not made, it will not be held that there was any abuse of discretion on the part of the trial judge in refusing to extend the time for argument as requested. Bloodworth v. State, 161 Ga. 332, 131 S.E. 80 (1925).

Waiver of error in limiting closing argument time.

- In a juvenile proceeding wherein a juvenile was adjudicated delinquent as a result of an assault of a schoolmate on a school bus, the trial court did not err in limiting closing arguments to five minutes since the trial court informed the parties that the parties would each have five minutes to argue and defense counsel did not insist upon the right to the full time, and instead remained silent, thereby waiving the issue on appeal. In the Interest of E.J., 283 Ga. App. 648, 642 S.E.2d 179 (2007).

RESEARCH REFERENCES

C.J.S.

- 23A C.J.S., Criminal Law, § 1687.

ALR.

- Allowing attorney to exceed allotted time for argument as reversible error, 1 A.L.R. 1257.

Propriety of trial court order limiting time for opening or closing argument in criminal case - state cases, 71 A.L.R.4th 200.

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