Court Opinions

Morris v. State
Georgia Court of Appeals, Criminal Case (12/5/2012, 12/13/2012) A12A2210

APPEALS: Direct Appeal, Interlocutory Appeal; CRIMINAL PRACTICE: Speedy Trial

Alert: The Court dismissed the defendant's appeal pursuant to Sosniak v. State, __Ga.__ (2) (Case No. S12A0799, decided November 19, 2012), in which the Supreme Court of Georgia ruled that a defendant cannot directly appeal the denial of a pre-trial plea in bar based on a speedy trial violation.

Subject Matter Index: Direct appeal from denial of defendant's pre-trial plea in bar based upon alleged violation of constitutional right to speedy trial, dismissed; Supreme Court of Georgia recently ruled that such claim is not directly appealable and that defendant must follow interlocutory appeal procedures of OCGA § 5-6-34 (b). Sosniak v. State, __Ga.__ (2) (Case No. S12A0799, decided November 19, 2012).

Headnote: The Court of Appeals dismissed Glendon Morris' direct appeal from the trial court's denial of his pre-trial plea in bar based upon an alleged violation of his constitutional right to a speedy trial, as the Supreme Court of Georgia recently ruled that such a claim is not directly appealable and that a defendant must follow the interlocutory appeal procedures of OCGA § 5-6-34 (b). Sosniak v. State, __Ga.__ (2) (Case No. S12A0799, decided November 19, 2012).

Text: Boggs, Michael P., Judge

Glendon Morris filed a direct appeal from the trial court's denial of his pre-trial plea in bar based upon an alleged violation of his constitutional right to a speedy trial. The Supreme Court of Georgia has recently ruled, however, that such a claim is not directly appealable and that a defendant must follow the interlocutory appeal procedures of OCGA § 5-6-34 (b). Sosniak v. State, __Ga.__ (2) (Case No. S12A0799, decided November 19, 2012). Morris's appeal is therefore dismissed. See Stevens v. State, __Ga.__ (Case No. S12A1795, decided November 27, 2012).

Appeal dismissed. Doyle, P.J. and Andrews, J., concur.

Trial Judge: John M. Ott, Newton Superior Court.,

Attorneys: Jennifer Arndt, Assistant Public Defender, Covington, for appellant. Layla H. Zon, District Attorney, and Jillian Hall (District Attorney's Office), Covington, for appellee.,