Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

State v. Allen

Nothing in O.C.G.A. § 17-7-53.1 allows a quashed accusation to trigger the prosecutory bar.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In separate appeals, the State challenges the trial court’s orders quashing an accusation charging Craig Allen with several misdemeanors and granting Allen’s motion to prohibit further prosecution. For reasons that follow, we affirm the order quashing the accusation, but reverse the ruling prohibiting further prosecution. The record reveals that, on September 28, 2000, Allen, a Georgia State Trooper, received a telephone call from his daughter, who told him that boys at a local high school were “trying to jump on her.” Dressed in street clothes, Allen drove to the school in his personal vehicle. Allen’s daughter and others directed him to a car driven by Jason Prothro. Allen ran to the car, showed his badge to Prothro, and ordered him to stop. When Prothro failed to do so, Allen drew his gun. At that point, Prothro stopped, stepped out of the car, and approached Allen, who pushed him in the chest when he got “too close for Allen’s comfort.” Ultimately, Allen determined that Prothro had not committed a crime and allowed him to leave.

Following the incident, the State indicted Allen for simple battery, simple assault, and aggravated assault on Prothro, as well as pointing a gun or pistol at Prothro. Allen moved to quash the indictment, arguing that the State violated OCGA § 17-7-52 by not allowing him to appear before the grand jury. The trial court granted Allen’s motion.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

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
Team Accounts
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
Go to CLE Center
The National Law Journal Legal Awards 2024
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
New Jersey Legal Awards 2024
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Go to Events Go to Webcasts
Seattle, WA- Corporate Associate

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›
Technology Attorney (Remote)

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›
Litigation Associate

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›
Go to Lawjobs