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State v. Tyson

The state may seek discretionary review by certiorari of any Court of Appeals' decision in favor of a criminal defendant.

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A jury convicted Samuel Seymore Tyson of child molestation, but the Court of Appeals of Georgia reversed on the grounds that the trial court should have granted Tyson’s motion to suppress evidence.1 We granted the writ of certiorari to consider whether the court of appeals correctly concluded that Tyson’s warrantless arrest was illegal and therefore the evidence seized incident to his arrest should have been suppressed. Addressing first our jurisdiction to hear this case, we hold that under our state constitution the State of Georgia may seek discretionary review in the Supreme Court of any decision by the court of appeals in the defendant’s favor in a criminal case. Because we agree with the state that the arresting officer had probable cause to arrest Tyson, we reverse.

1. Tyson has filed a motion to dismiss the writ of certiorari as improvidently granted, citing OCGA § 5-7-1 to 5-7-3, and sought to be released on bail under OCGA § 5-7-5. These code sections provide statutory authority for the state to appeal decisions in criminal cases.

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