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2018 Georgia Code 17-9-60 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 17-9-60 Case Law from Google Scholar Amendments to OCGA 17-9-60

TITLE 17 CRIMINAL PROCEDURE

Section 9. Verdict and Judgment Generally, 17-9-1 through 17-9-63.

ARTICLE 4 MOTIONS IN ARREST

17-9-60. Jurisdiction of motion; notification of opposing party.

All motions to arrest a judgment must be made to the court by which the judgment was rendered, and the opposite party must have reasonable notice of such motions.

(Orig. Code 1863, § 3511; Code 1868, § 3534; Code 1873, § 3592; Code 1882, § 3592; Civil Code 1895, § 5367; Civil Code 1910, § 5962; Code 1933, § 110-707.)

JUDICIAL DECISIONS

Service on state not required before term of court expired.

- Trial court erred in dismissing the defendant's motion to withdraw a guilty plea, which was filed by letter before the term of court expired but not served on the state, because the state had reasonable notice of the motion to withdraw 18 days before it was first set for a hearing, and over two years before the hearing was eventually held. The court looked to O.C.G.A. § 17-9-60 for guidance as to whether the state was required to be served with the motion prior to the expiration of the term of court, and concluded that it was not. McKiernan v. State, 286 Ga. 756, 692 S.E.2d 340 (2010).

Cited in Berkeley v. State, 74 Ga. App. 711, 41 S.E.2d 265 (1947); Bowen v. State, 144 Ga. App. 329, 241 S.E.2d 431 (1977); Hill v. State, 183 Ga. App. 654, 360 S.E.2d 4 (1987).

RESEARCH REFERENCES

ALR.

- Meritorious defense as condition of injunction against or direct attack upon judgment for want of jurisdiction, 118 A.L.R. 1498.

Power of lower court to set aside, on ground of fraud, judgment entered pursuant to mandate of, or affirmed by, reviewing court, 146 A.L.R. 1230.

Power of court to vacate or modify its judgment or order after expiration of prescribed period upon application made within that period, 168 A.L.R. 204.

Cases Citing O.C.G.A. § 17-9-60

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Schoicket v. State, 865 S.E.2d 170 (Ga. 2021).

Cited 25 times | Published | Supreme Court of Georgia | Nov 2, 2021 | 312 Ga. 825

... less unfair to rest the responsibility for a procedural default on the defendant’s own shoulders, and the remedies created by statute (a motion in arrest of judgment33 and habeas34) would suffice. I respectfully dissent as to Division 1. 33 See OCGA § 17-9-60 et seq....
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McKiernan v. State, 692 S.E.2d 340 (Ga. 2010).

Cited 24 times | Published | Supreme Court of Georgia | Mar 22, 2010 | 286 Ga. 756, 2010 Fulton County D. Rep. 881

...Further, in Leimbach, there was a factual finding by the trial court that the defendant had not met those statutory requirements. No such finding is present here. The State fails, however, to cite what is procedurally the most relevant statutory framework, that dealing with a motion in arrest of judgment. OCGA § 17-9-60 et seq. Such a motion "must be made during the term at which the judgment was obtained." OCGA § 17-9-61(b). And, "the opposite party must have reasonable notice of such motions." OCGA § 17-9-60. Under OCGA § 17-9-60, there is no requirement that the notice be given to the opposing party before the end of the term in which the judgment was obtained....
...[T]he authority for withdrawal in the same term of a plea of guilty after judgment is judicial in origin, and generally refers to an attack on a plea for defects dehors the record, as where the plea was rendered through mistake or undue influence. The statutory authority for modification of a criminal judgment is OCGA § 17-9-60 et seq., which authorizes a motion in arrest of judgment....
...made at the same term the judgment was obtained (OCGA § 17-9-61(b)), and addresses only a nonamendable defect on the face of the record. OCGA § 17-9-61(a). [Cit.] Bonner v. State, 268 Ga.App. 170, 171-172(1), 601 S.E.2d 478 (2004). Looking to OCGA § 17-9-60 for guidance, it is clear that the trial court erred in dismissing the motion; the State had reasonable notice of the motion, the rule nisi being issued 18 days before it was first set for a hearing, see Brown v....