Fulton County v. State

O.C.G.A. § 15-6-24, which calls for a county to pay itemized expenses ordinarily incurred in a courtroom proceeding, does not expressly authorize the costs of transcribing telephone conversations at the jail and of presenting demonstrative evidence digitally.

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The State is seeking the death penalty against Brian Nichols in this murder case. He was declared indigent and counsel was appointed to represent him. Due to budgetary constraints of the Georgia Public Defender Standards Council, the trial court held a hearing to determine who would pay the escalating costs of Brian Nichols’ defense. At the conclusion of the hearing, the trial court entered an order requiring Fulton County to pay a portion of Nichols’ expenses. More particularly, the trial court ordered the county to cover the costs of transcribing telephone conversations made by or to Nichols at the jail and of presenting demonstrative evidence in the courtroom in a digital format.1 The county filed this direct appeal, asserting the trial court erred in ordering it to pay costs associated with Nichols’ defense. 1. “The solemn duty devolves upon this court to inquire into its jurisdiction to entertain each appeal and review the alleged errors of the trial court. Byrd v. Goodman , 192 Ga. 466 1 15 SE2d 619 1941. The jurisdiction of an appellate court to consider an appeal depends upon whether the appeal is taken in substantial compliance with the rules of appellate procedure prescribing the conditions under which the judgment of the trial court may be considered appealable.” Trammel v. Clayton County Board of Commissioners , 250 Ga. App. 310, 311 551 SE2d 412 2001.

The order in question is not a final judgment inasmuch as it stems from a case which remains pending below. OCGA § 5-6-34 a 1; Crane v. State , 281 Ga. 635, 636 641 SE2d 795 2007. It follows that the order is interlocutory and that it is not appealable directly unless it falls within the collateral order exception to the finality rule. See Thomas v. State , 276 Ga. 853 583 SE2d 848 2003; Scroggins v. Edmondson , 250 Ga. 430, 431, 432 297 SE2d 469 1982.

Fulton County v. State

O.C.G.A. § 15-6-24, which calls for a county to pay itemized expenses ordinarily incurred in a courtroom proceeding, does not expressly authorize the costs of transcribing telephone conversations at the jail and of presenting demonstrative evidence digitally.

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