State v. Smith

688 S.E.2d 348, 286 Ga. 409, 2010 Fulton County D. Rep. 183, 2010 Ga. LEXIS 89
Supreme Court of Georgia·Decided January 25, 2010·No. S09G1287·Published·Cited by 7 cases

Opinion

Hines, Justice.

We granted certiorari to the Court of Appeals in Smith v. State, 297 Ga. App. 300 (676 SE2d 750) (2009), to consider whether an individual afforded the protections of OCGA §§ 17-7-521 and 45-11-42 is entitled to specific notice of when the proposed indictment will be presented to the grand jury. We conclude that notice of the specific time and place of the grand jury presentment is required to be provided to the accused by the State.

The underlying facts are detailed in the opinion of the Court of Appeals. Smith v. State, supra at 300-302. In summary, following a trial by jury, police officer Leonard Smith was convicted of three counts of false statements and writings, OCGA § 16-10-20.3 The [410] evidence showed that Smith was employed as a police officer concurrently by two different jurisdictions, and on three occasions he submitted overlapping time cards, resulting in his being paid by the two jurisdictions for the same alleged work time. Following an investigation into the matter, Smith was served with a copy of a proposed indictment charging him with seven counts of false statements and writings.4 On its face, the indictment stated that it was to be a special presentment in the Superior Court of Dooly County during the January term, 2007, but it did not indicate when during that term the presentment would occur. Smith did not appear or offer testimony at the grand jury proceeding, and a true bill was returned on January 29, 2007. On February 23, 2007, Smith filed several motions in response to the indictment, including a plea in abatement and motion to dismiss on the ground that he was not informed when the proposed indictment would be presented to the grand jury, and therefore, that he was deprived of the rights provided in OCGA §§ 17-7-52 and 45-11-4. The trial court denied the plea in abatement and motion to dismiss the indictment, and the case proceeded to trial, verdict, and judgment. Subsequently, the trial court denied Smith’s motion for new trial and Smith appealed to the Court of Appeals, challenging, inter alia, the denial of his plea in abatement and motion to dismiss the indictment. The Court of Appeals held that when an individual is entitled to the protections of OCGA §§ 17-7-52 and 45-11-4, the State must provide that individual with notice of when the proposed indictment will be presented to the grand jury; it determined that the State failed to notify Smith when the proposed indictment would be presented,5 and consequently, it directed that Smith’s convictions be set aside.6

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State v. Smith, 688 S.E.2d 348, 286 Ga. 409, 2010 Fulton County D. Rep. 183, 2010 Ga. LEXIS 89 (Ga. 2010).

688 S.E.2d 348 (State v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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