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In The Interest Of: H. J. C., Jr., A Child

CourtCourt of Appeals of Georgia
Docket No.A14A2237
DecidedMarch 24, 2015
Reporter331 Ga. App. 506; 771 S.E.2d 184
JudgesCourt of Appeals of Georgia, Third Division; Presiding Judge Barnes and Judges Boggs and Branch; Judge Branch authored the opinion
Tags
CriminalCriminal ProcedureDue ProcessStatutory InterpretationAppellate ProcedureRemandSpecial Concurrence
Case Summary

The State appealed the juvenile court’s dismissal without prejudice of its petition alleging that a child violated probation imposed after earlier delinquency adjudications. The State argued that OCGA § 15-11-2 (19) (B) authorizes a delinquency petition for disobedience of supervision terms, while § 15-11-608 (b) separately permits a motion to revoke probation. After the juvenile court questioned how the statutes interacted, the State moved to recuse, contending that the court’s questions showed bias. The Court of Appeals affirmed denial of recusal because the motion relied on the judge’s legal questions and rulings, not specific extrajudicial facts showing bias or prejudice. It reversed the dismissal: the statutes provide alternative procedures, and their plain language neither makes the motion procedure exclusive nor bars a new delinquency petition. The recusal ruling was affirmed, and the petition’s dismissal was reversed, allowing the State’s petition to proceed. Presiding Judge Barnes and Judge Boggs concurred.

Opinion

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