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Layman v. State

The trial court had discretion to nolle prosse the defendant's second indictments, rather than quashing them in order to avoid the application of O.C.G.A. § 17-7-53.1, which would have barred the state from further attempts to prosecute the defendant for murder and other crimes.

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Joshua Layman appeals from the entry of nolle prosequi on two indictments that were brought against him for the murder of Cameron Green and related crimes. Because the trial court did not err in consenting to the entry of nolle prosequi in this case, we affirm. In 2003, the State indicted Layman for the murder of Cameron Green. Layman filed a demurrer, however, and the trial court quashed the indictment. This Court affirmed that decision.1 Subsequently, the State obtained two more indictments against Layman for the same crimes. Layman again demurred to the new indictments. Under OCGA § 17-7-53.1, the State would be barred from further attempts to prosecute Layman for the crimes if the indictments were quashed for a second time.

Rather than risk the entry of a second quash, at a hearing on October 14, 2005, the State asked the trial court to enter an order of nolle prosequi on both indictments. The trial court agreed, and entered the orders over Layman’s objection, thereby rendering his motions to quash moot.

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