JACKSON v. the STATE.

Court of Appeals of Georgia

JACKSON v. the STATE.

809 S.E.2d 491

CourtCourt of Appeals of Georgia

DecidedJanuary 11, 2018

DocketA15A1855

StatusPublished

This text of 809 S.E.2d 491 (JACKSON v. the STATE.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

JACKSON v. the STATE., 809 S.E.2d 491 (Ga. Ct. App. 2018).

Pincite

Opinion

Miller, Presiding Judge.

*237 In Jackson v. State , 335 Ga. App. 597 , 782 S.E.2d 499 (2016), this Court (1) held that the trial court properly denied Prentiss Ashon Jackson's general demurrer; and (2) affirmed Jackson's conviction because it was supported by the evidence. In Jackson v. State , 301 Ga. 137 , 800 S.E.2d 356 (2017), the Supreme Court of Georgia reversed this Court's decision and found that the indictment was not sufficient to withstand a general demurrer and was therefore void. Accordingly, we vacate the prior decision, and the judgment of the Supreme Court is made the judgment of this Court.

Moreover, we recognize

[t]he general rule is that retrial of the defendant is not barred where reversal of the conviction results from trial *238 error rather than evidentiary insufficiency. Williams v. State , 258 Ga. 305 , 311, 369 S.E.2d 232 (1988). Reversal based upon a faulty or flawed indictment is a reversal based upon "trial error." Burks v. United States , 437 U.S. 1 , 13-14 [ 98 S.Ct. 2141 , 57 L.Ed.2d 1 ] (1978).

Samuel v. State , 190 Ga. App. 539 , 540 (1), 379 S.E.2d 571 (1989). The Supreme Court's ruling solely addressed the sufficiency of the indictment, which is void. Since the Court did not reach the issue of evidentiary sufficiency, double jeopardy does not bar retrial in this case.

Judgment reversed.

Andrews and Branch, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Miller, Presiding Judge.

*237 In Jackson v. State , 335 Ga. App. 597 , 782 S.E.2d 499 (2016), this Court (1) held that the trial court properly denied Prentiss Ashon Jackson's general demurrer; and (2) affirmed Jackson's conviction because it was supported by the evidence. In Jackson v. State , 301 Ga. 137 , 800 S.E.2d 356 (2017), the Supreme Court of Georgia reversed this Court's decision and found that the indictment was not sufficient to withstand a general demurrer and was therefore void. Accordingly, we vacate the prior decision, and the judgment of the Supreme Court is made the judgment of this Court.

Moreover, we recognize

[t]he general rule is that retrial of the defendant is not barred where reversal of the conviction results from trial *238 error rather than evidentiary insufficiency. Williams v. State , 258 Ga. 305 , 311, 369 S.E.2d 232 (1988). Reversal based upon a faulty or flawed indictment is a reversal based upon "trial error." Burks v. United States , 437 U.S. 1 , 13-14 [ 98 S.Ct. 2141 , 57 L.Ed.2d 1 ] (1978).

Samuel v. State , 190 Ga. App. 539 , 540 (1), 379 S.E.2d 571 (1989). The Supreme Court's ruling solely addressed the sufficiency of the indictment, which is void. Since the Court did not reach the issue of evidentiary sufficiency, double jeopardy does not bar retrial in this case.

Judgment reversed.

Andrews and Branch, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

809 S.E.2d 491, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-the-state-gactapp-2018.

Opinion

Related

Cite This Page — Counsel Stack