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Green v. State

The trial court clerk's clerical error in entering the indictment's return date did not void the indictment, as it was an immaterial defect that could be corrected.

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Deandra Antwan Green filed a special demurrer alleging that his indictment was void because it failed to show that the charged offenses occurred on a date prior to the grand jury’s return of the indictment. The trial court found that the court clerk had made an error in writing the date on which the indictment was returned in open court, but that the error was cured by the clerk’s actions and testimony. We granted Green’s application for interlocutory appeal to determine whether the trial court was correct in overruling the special demurrer. We hold that the clerk’s clerical error in entering the indictment’s return date was an immaterial defect that could be corrected. Therefore, we affirm.

Along with two co-defendants, Green was indicted in Tift County Superior Court for malice murder, felony murder, aggravated assault, and other felonies in connection with events that occurred on April 16, 2011. The grand jury returned the indictment in open court on May 17, 2011, but the court clerk entered March 17, 2011 as the date of return on the indictment and in the criminal docket book. At the hearing on the special demurrer, the clerk testified that she had made a mistake in recording the indictment’s return date and changed the date from March to May after she realized her mistake. Concluding that the error was an irregularity corrected by the clerk, the trial court overruled the special demurrer and certified its pre-trial order for immediate review.

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