O.C.G.A.
O.C.G.A.

O.C.G.A. § 5-7-5 (2019)

Right of accused to bail; amount of bail reviewable by appellate court

✓ 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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Statute text

In the event the state files an appeal as authorized in this chapter, the accused shall be entitled to be released on reasonable bail pending the disposition of the appeal, except in those cases punishable by death. The amount of the bail, to be set by the court, shall be reviewable on direct application by the court to which the appeal is taken.

History

(Ga. L. 1973, p. 297, § 5.)

Annotations

JUDICIAL DECISIONS

When bail may be denied generally. - A person convicted of an offense punishable by death has no constitutional right to bail pending appeal. Wilcox v. Carter, 545 F. Supp. 1043 (M.D. Ga. 1982).

Direct appeal available. - Georgia Supreme Court recognizes that the Georgia General Assembly has chosen to treat murder cases differently in O.C.G.A. § 5-7-5, and trial courts must be allowed some level of discretion to deny requests for bail pending appeals by the state in such cases; that discretion of trial courts in these cases should be governed by the standards for deciding whether to grant pretrial bail. Johnson v. State, 304 Ga. 369, 818 S.E.2d 601 (2018).

When a defendant's case is at an appellate stage and will not return to a pretrial stage unless and until the Georgia Supreme Court affirms the grant of new trial, during the state's appeal, the defendant's case cannot be considered to be pending in the court below; thus, the denial of a defendant's motion for appeal bond is directly appealable by the defendant. Johnson v. State, 304 Ga. 369, 818 S.E.2d 601 (2018).

RESEARCH REFERENCES

Am. Jur. 2d. - 8A Am. Jur. 2d, Bail and Recognizance, § 12 et seq.

C.J.S. - 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 103 et seq., 340.

Notes of Decisions
Cited in 3 cases, 2001–2018 · leading case: State v. Tyson, 544 S.E.2d 444 (Ga. 2001).
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State v. Tyson, 544 S.E.2d 444 (Ga. 2001). · cites it 73× “Tyson has filed a motion to dismiss the writ of certiorari as improvidently granted, citing OCGA §§ 5-7-1 to 5-7-3, and sought to be released on bail under OCGA § 5-7-5. These code sections provide statutory authority for the state to appeal decisions in criminal cases.”
Johnson v. State, 304 Ga. 369 (Ga. 2018). · cites it 39× “Johnson was charged with murder and related crimes in 2006, was granted pretrial bond, was tried before a jury in 2014, was convicted of felony murder and possession of a firearm during the commission of a felony, and was sentenced to life imprisonment for the murder and a…”
State v. Ronald Arline (Ga. Ct. App. 2017). · cites it 2× “The State has not cited to any legal authority in support of its motion, and, in particular, has failed to address OCGA § 5-7-5 (providing, in applicable part, that “[i]n the event the state files an appeal as authorized in this chapter, the accused shall be entitled to be…”
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.