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Statev.Baxter

CourtSupreme Court of Georgia
Docket No.S16G0184
DecidedNovember 21, 2016
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureStatutory InterpretationFirst ImpressionReversalDirect Appeal
Case Summary

Jason Dakota Baxter was sixteen when he was arrested and charged with aggravated sexual battery, an offense within the superior court’s original jurisdiction. While detained, he signed a written waiver of his statutory right to have the charge presented to a grand jury within 180 days. He later moved to transfer the case to juvenile court, arguing that the deadline had expired and that his waiver was ineffective. The Supreme Court of Georgia held that the statute gave a detained child an entitlement to timely presentation, but did not make presentation within 180 days an automatic jurisdictional condition that could never be waived. The Court rejected the Court of Appeals’ interpretation that the deadline was absolute and that the parties could not waive it. Because Baxter had intentionally waived the statutory entitlement in writing, the superior court retained authority over the case. The Supreme Court reversed the Court of Appeals’ judgment affirming the transfer to juvenile court. All the Justices concurred.

Opinion

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