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Walkerv.The State

CourtSupreme Court of Georgia
Docket No.S20G1471
DecidedOctober 19, 2021
Reporter312 Ga. 640
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureStatutory InterpretationAppellate ProcedureReversalRemandDue Process
Case Summary

The Supreme Court of Georgia considered whether a criminal case dismissed for want of prosecution, without an express statement that the dismissal was with prejudice, nevertheless barred refiling after the statute of limitation had expired. The Court held that the dismissal was without prejudice. Any later bar to reprosecution flowed from the statute of limitation, not from the dismissal order itself. The Court reversed the Court of Appeals’ contrary judgment and remanded for proceedings consistent with that rule. A separate concurrence joined the opinion while explaining that the result followed existing Georgia jurisprudence even though the issue might have warranted a different approach as a novel question.

Opinion

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