SEARCH

State v. Baxter

A juvenile defendant cannot waive the 180-day time limitation set forth in O.C.G.A. § 17-7-50.1 for the State to obtain an indictment against the juvenile defendant.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This case presents an issue of first impression concerning the application of OCGA §17-7-50.1, specifically, whether the 180-day time limitation for the State to obtain an indictment can be waived by a juvenile, thereby allowing the superior court to retain jurisdiction. For the reasons that follow, we conclude that the waiver was not valid and affirm the trial court’s order transferring the case to the juvenile court.

On February 4, 2014, Baxter was arrested and taken into custody for one count of aggravated sexual battery. Although he was 16 years old at the time , the superior court had exclusive original jurisdiction over his case pursuant to OCGA § 15-11-560 b 7.1 On March 13, 2014, counsel for Baxter and the State met in chambers to discuss the case. The meeting was not transcribed, but during a December 2014 hearing on the State’s Motion to Perfect the Record, the Assistant District Attorney testified that there was some discussion about whether Baxter’s case could be transferred to juvenile court after indictment, and as a result of those discussions, counsel for Baxter indicated that his client would waive the 180-day time limit for indictment.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

African Legal Awards 2024

September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

Consulting Best Firms to Work For 2024

September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.

Learn More

Juvenile Dependency Attorney II/III/IV

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...

Apply Now ›

Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...

Apply Now ›

Deputy Chief Attorney

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...

Apply Now ›

Lawyers of Distinction

06/27/2024
The American Lawyer

Professional Announcement

View Announcement ›

06/21/2024
Daily Business Review

Full Page Announcement

View Announcement ›