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The Statev.Michael Miller

CourtCourt of Appeals of Georgia
Docket No.A15A1667
DecidedFebruary 12, 2016
Reporter335 Ga. App. 700; 782 S.E.2d 803
JudgesSecond Division; Presiding Judge Miller and Judges Branch and Mercier; Branch authored
Tags
CriminalCriminal ProcedureAppellate ProcedureStatutory InterpretationDirect AppealReversal
Case Summary

The State appealed orders dismissing indictments against Michael Miller, Eric Evans, and Nathaniel Broughton during probation-revocation hearings after the State failed to produce witnesses concerning the alleged new crimes. The Court of Appeals explained that revocation proceedings decide whether probation was violated, not guilt on separately indicted offenses, and that the court lacked a legal basis to dismiss those indictments. Even if the court could have denied revocation for lack of evidence, dismissing the indictments interfered with the State’s authority to prosecute. The court reversed all three dismissals. Presiding Judge Miller concurred only in the judgment.

Opinion

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The State v. Michael Miller — The Atlanta Gleaner