charging documents: indictments, accusations, …

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CHARGING DOCUMENTS: INDICTMENTS, ACCUSATIONS, JUVENILE PETITIONS Lalaine A. Briones William Johnson Deputy Director Elder Abuse Resource Prosecutor Prosecuting Attorneys’ Council Prosecuting Attorneys’ Council COPYRIGHT © 2021 PROSECUTING ATTORNEYS’ COUNCIL OF GEORGIA www.pacga.org

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Page 1: CHARGING DOCUMENTS: INDICTMENTS, ACCUSATIONS, …

CHARGING DOCUMENTS: INDICTMENTS, ACCUSATIONS, JUVENILE PETITIONS

Lalaine A. Briones William JohnsonDeputy Director Elder Abuse Resource ProsecutorProsecuting Attorneys’ Council Prosecuting Attorneys’ Council

COPYRIGHT © 2021PROSECUTING ATTORNEYS’ COUNCIL OF GEORGIA

www.pacga.org

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CAVEAT

• Different offices do things differently

• Know your office policies

• If your office, DA or SG has a different philosophy from our recommendations defer to your office policies.

• The Ethical Considerations

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CONSIDERATIONS PRIOR TO CHARGING

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CONSIDERATIONS PRIOR TO CHARGING

• Statute of Limitations• Venue• Read reports, speak to witnesses• Ensure you have the entire case (and have

read it)• Assess & initiate what else needs to be

gathered• Review the criminal history

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STATUTE OF LIMITATIONSOCGA 17-3-1

• Murder- commenced any time

• Offenses penalty Death or Life -7 years

• Forcible Rape – 15 years

• General Felonies- 4 years (except when V under 18 SOL 7 years)

• Misdemeanors-2 years

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STATUTE OF LIMITATIONS

OCGA 17-3-1• A prosecution may be commenced at any time when deoxyribonucleic acid

(DNA) evidence is used to establish the identity of the accused: (1) Armed robbery; (2) Kidnapping; (3) Rape; (4) Aggravated child molestation; (5) Aggravated sodomy; or (6) Aggravated sexual battery;

• A sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused and

• If the DNA evidence does not establish the identity of the accused, the limitation on prosecution shall be as provided in subsections (b)(which is 7) and (c which is 4).

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STATUTE OF LIMITATIONSOCGA § 17-3-2 The SOL does not include any period in which:

(1) The accused is not usually and publicly a resident within this state;

(2) The person committing the crime is unknown or the crime is unknown;

(3) The accused is a government officer or employee and the crime charged is theft by conversion of public property while such an officer or employee; or

(4) The accused is a guardian or trustee and the crime charged is theft by conversion of property of the ward or beneficiary.

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TOLLING???

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TOLLING LANGUAGE

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TOLLING LANGUAGE

• “…and at all times material to this count of the indictment, the crime alleged does not fall outside the period in which a prosecution of this defendant must be commenced because the defendant named herein was unknown until [insert date].”

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STATUTE OF LIMITATIONS

§ 17-3-2.1. Exclusions victim under 16 • (a) For crimes committed during the period beginning on July 1, 1992,

and ending on June 30, 2012, if the victim of a violation of:

(1) Cruelty to children; (2) Rape; (3) Sodomy or aggravated sodomy; (4) Statutory rape; (5) Child molestation or aggravated child molestation; (6) Enticing a child for indecent purposes; or (7) Incest

is under 16 years of age on date of offense, the SOL shall not begin to run until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier.

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STATUTE OF LIMITATIONS§ 17-3-2.1. Exclusions victim under 16

For crimes committed on and after July 1, 2012, if the victim of a violation of:

(1) Trafficking a person for sexual servitude; (2) Cruelty to children in the first degree; (3) Rape; (4) Aggravated sodomy; (5) Child molestation or aggravated child molestation; (6) Enticing a child for indecent purposes; or (7) Incest

is under 16 years of age date of offense and the violation is not subject to punishment under the CM, Agg CM and Enticing as misdemeanor, a prosecution may be commenced at any time.

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VENUE

§ 17-2-2• In general. Criminal actions shall be tried in the county

where the crime was committed, except as otherwise provided by law.

• Crime in more than one county. If in any case it cannot be determined in what county a crime was committed, it shall be considered to have been committed in any county in which the evidence shows beyond a reasonable doubt that it might have been committed.

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Don’t indict until you’re ready. HOWEVER…

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TIME CONSIDERATIONS• Present felony cases to Grand Jury within 90 days

of arrest if defendant in custody, OCGA 17-7-50 . After 90 days def. is entitled to a bond.

• Hearing must be w/in 10 days of petition if child in custody, 60 days if not, Section 15-11-39 (2012)

• Juveniles can only be indicted or re-indicted w/in 180 days of detention + indictment cannot add charges not included in petition. State v. Armendariz, 316 Ga. App. 394; 729 S.E.2d 538 (2012).

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TIME CONSIDERATIONSSpeedy Trial• Barker v. Wingo, 407 U. S. 514, and Doggett v.

United States, 505 U. S. 647. The analysis has two stages.

• First, the court must determine whether the pretrial delay is sufficiently long to be considered presumptively prejudicial. – The pretrial delay is measured from the accused's arrest,

indictment, or other formal accusation, whichever comes first, to the trial or, if the accused files a motion to dismiss the indictment, until the trial court denies the motion.

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TIME CONSIDERATIONS

• If delay has passed point of presumptive prejudice, the court must proceed to the second step of the Barker-Doggett analysis.– The four factors to be considered in the case of

presumptively prejudicial delay are :(a) the length of the delay, (b) the reason for the delay, (c) the defendant's assertion of his right, and (d) the prejudice to the defendant.

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TIME CONSIDERATIONS

Pretrial delay is presumptively prejudicial if it approaches

one year.

Doggett v. United States, 505 U. S. 647

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TYPES OF CHARGING INSTRUMENTS

• Citations/Summons• Accusations• Indictments• Delinquency Petitions

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CITATIONS/SUMMONS• Cannot be used in Superior Court. O.C.G.A. § 40-13-3.

• UTCs (Uniform Traffic Citations) may be used formisdemeanor cases arising from violations of the lawsrelated to:

(1) operation and licensing of motor vehicles andoperators;

(2) width, height, and length of vehicles and loads;(3) motor common carriers and contract carriers;(4) underage possession of alcohol.

• Citations: OK for violations of county ordinances andordinances of state authorities in magistrate courts;

• Summons: All misdemeanor cases arising out ofviolations of the laws of the state relating to game, fish,or boating.

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CITATIONS/SUMMONS• SB 407 Uniform Misdemeanor Citation: NEW

for certain state offenses O.C.G.A. 15-5-21.1authorizes officers to arrest via citation offensesunder 16-7-21, 16-8-14, 16-8-14.1, 16-13-30, 3-3-23 (underage possession of alcohol) andordinance violations.– Allows officers to “print and release” on certain state

offenses• Must cite on state offense on this form• Must print, I.D., and warrant check for criminal history

reporting– 4-pages, notarized

• Alternative: take warrant

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CITATIONS/SUMMONS

• If proceeding on citation, make sure it is sufficientlyspecific. See Strickland v. State, 349 Ga. App. 673 (2019)citation was insufficient without additional languagetracking the statute so as to ensure that the defendant wasproperly informed of the charges against him and to protectagainst possible double jeopardy issues).

• Practical Considerations: Until and unless Strickland isoverturned, the State needs to either accuse traffic citationsor amend traffic citations that proceed to trial if the officerdid not add sufficient facts when issuing the citation and ifpleading have defense waive any defects in the charginginstrument.

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CITATIONS/SUMMONS

In order to survive a general demurrer, or motion to quash, the citation must either (1) recite the language of OCGA § 40-6-49 that sets out all the elements of the offense charged, or (2) allege the facts necessary to establish a violation of OCGA § 40-6-49.

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ACCUSATIONS• An Accusation may be used to charge: • Misdemeanors• Certain felonies (O.C.G.A. § 17-7-70.1) provided:

• They have been bound over to Superior Court or• They have waived commitment hearing either

expressly or by operation of law.• Theft (including bad check, shoplifting, entering MV, etc.)• Forgery and fraudulent practices• Escape and other offenses related to confinement• Possession of firearm by convicted felon or FOA• Habitual violator• Possession & sale of controlled substances under O.C.G.A.

§ 16-13-30 (per O.C.G.A. § 17-7-20.1(a.1))

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ACCUSATIONS• Do NOT use Accusations for felonies punishable by

life in prison or death. O.C.G.A. § 17-7-70(a)(b)

• Do NOT use Accusations for cases where peace officer / certain public officials charged with crime involving conduct of official duties. O.C.G.A. § 17-7-52(b); O.C.G.A. § 45-11-4.

Do NOT use Accusations for cases in which GJ has heard evidence. O.C.G.A. § 17-7-70.1(d).

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ACCUSATIONS

Mayo v. State, 277 Ga. 645 (2004)

• O.C.G.A. § 17-7-70 requires that capital felony cases proceed under an indictment.

• Without an indictment, the trial court has no subject matter jurisdiction to dispose of such a case, and any judgment it renders is void.

• It makes no difference that Mayo stipulated to proceeding under an accusation -- "parties cannot, by their consent, confer subject matter jurisdiction on a court that does not otherwise have it." Although the parties did not raise this issue on appeal, "when this court discovers from the record on appeal that a judgment has been rendered by a court having no jurisdiction of the subject matter, it will of its own motion reverse the judgment."

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ACCUSATIONS

SCOPE:

• Accusation CANNOT be broader than the affidavit, but, as greater includes lesser, if affidavit is general, Accusation can be specific. McCann v. State, 158 Ga. App. 202 (1981).

• BUT no requirement of affidavit unless charge is being used to secure warrant for arrest. State v. Litz, 210 Ga. App. 200 (1993).

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ACCUSATIONSBenefits:• Minimize time required to file and docket case• Can be amended after filing so easier to correct mistakes

Drawbacks:• Cannot be used for all charges• Responsibility for filing/dismissing on prosecutor• No opportunity to preview case with Grand Jury• No authority to compel witnesses or evidence

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ACCUSATIONS

• Do not use as substitute for GJ presentation without written waiver. Martinez v. State, 322 Ga. App. 63, 64 (2013).

• On negotiated pleas, include all charges -especially more serious ones - that would be charged if Defendant were going to trial.

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ACCUSATIONS

If charge is changed, or no such charge previously lodged and defendant was not previously arrested in connection with charge and instrument will be basis for arrest warrant, you must file affidavit. Cochran v. State, 259 Ga. App. 130, 131 (2003); State v. Scoggins, 196 Ga. App.781, 782 (1990).

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INDICTMENTS

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START FROM THE END

• What is it that you want to argue in closing• This will identify your strongest charges and

counts• Indictments should tell the story of your case• Don’t overcharge

– Don’t confuse jury– Clear and concise– Don’t create more opportunities for disagreement– Demonstrates your integrity

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FORMOCGA § 17-7-54

Every indictment of the grand jury which states the offense in the terms and language of this Code or so plainly that the nature of the offense charged may easily be understood by the jury shall be deemed sufficiently technical and correct. The form of every indictment shall be substantially as follows:

Georgia, County. The grand jurors selected, chosen, and sworn for the County of , to wit: , in the name and behalf of the citizens of Georgia, charge and accuse (name of the accused) of the county and state aforesaid with the offense of ; for that the said (name of the accused) (state with sufficient certainty the offense and the time and place of committing the same), contrary to the laws of said state, the good order, peace, and dignity thereof.

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FORM(b) If there should be more than one count, each additional count shall state:

And the jurors aforesaid, in the name and behalf of the citizens of Georgia, further charge and accuse (name of the accused) with having committed the offense of ; for that the said (name of the accused) (state with sufficient certainty the offense and the time and place of committing the same) contrary to the laws of said state, the good order, peace, and dignity thereof.

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AVOID DEMURRERSTo comport with constitutional due process an indictment charging a defendant with a criminal offense must satisfy two criteria:

(1) it must contain the essential elements of the crimes and apprise a defendant of what he must be prepared to meet at trial; and

(2) it must show with accuracy to what extent the defendant may plead a former acquittal or conviction.

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AVOID DEMURRERS• Requirement that an indictment identify the victim of

a crime, does so best when it provides the full and correct name of the victim.

• Because that cannot be accomplished in every circumstance, however, Georgia cases allow for identification of the victim by the name by which he or she is generally known, always keeping in mind that the constitutional purpose for identifying the victim is to apprise the defendant of the charges against him.

State v. Grube, 293 Ga. 257 (2013)

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AVOID DEMURRERS

BUT HOLD ON!

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AVOID DEMURRERS

State v. Grube, 293 Ga. 257 (2013)

Count one of the indictment charges computer pornography under OCGA § 16-12-100.2

between the 9th day of October, 2009, and the 25th day of October, 2009, Grube did intentionally utilize a computer Internet service to attempt to lure and entice “Tiffany,” a person believed by the accused to be a child, to commit child molestation and aggravated child molestation.

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AVOID DEMURRERS

Unlike in Dennard, the instant indictment identifies the victim as Tiffany, the only name by which Grube knew his intended victim, and informs Grube that Tiffany is not an actual child. Thus, the instant indictment satisfies the dual goals of informing the defendant of the charges against him and protecting him from a possible second prosecution for the same offense.

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AVOID DEMURRERS

• The general rule in Georgia is an indictment which fails to allege a specific date on which the crime was committed is not perfect in form and is subject to a timely special demurrer.

• However, where the State can show that the evidence does not permit it to allege a specific date, the State is permitted to allege that the crime occurred between two particular dates.

Picklesimer v. State, 353 Ga. App. 718 (2020)

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AVOID DEMURRERS

• Even though it has been held that a definite date of an offense should be alleged in an indictment, the state is not restricted to proof of the date stated. It is sufficient if the evidence demonstrates that the offense was committed at any time within the statute of limitations.

• Thus, except where the exact date of the offense is alleged to be an essential element thereof or where the accused raises an alibi defense, any variance between the date listed in the indictment and the date on which the crime is proven to have occurred is of no consequence.

Picklesimer v. State, 353 Ga. App. 718 (2020)

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AVOID DEMURRERS

Picklesimer v. State, 353 Ga. App. 718 (2020)• Charged with aggravated sexual battery and

child molestation of his granddaughter, S. P..

• Appeal contended trial court erred in denying his special demurrer as to the dates and place of the offenses.

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AVOID DEMURRERSPicklesimer v. State, 353 Ga. App. 718 (2020)

• Indictment alleged all of the offenses occurred in Forsyth County between the dates of September 1, 2004 and February 28, 2005.

• The dates used in the indictment were taken from:– The forensic interview of S. P. – D makes no contention that prior to trial the State failed to provide trial

counsel with copies of the forensic interviews upon which the indictment relied.

– Moreover, the abuse occurred during S. P.'s visitation with her father at Picklesimer's home, and at the hearing held on Picklesimer's special demurrer, S. P.'s mother testified that she was unable to further specify the dates of visitation because there was no set visitation schedule.

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AVOID DEMURRERSPicklesimer v. State, 353 Ga. App. 718 (2020)

Held: No evidence that the form of the indictment impaired ability to present his defense.

• Even assuming the State could have further specified the dates or place of the offenses in the indictment, we find that Picklesimer was not actually prejudiced by any alleged deficiencies.

• The only evidence before the jury of the dates of the offenses came from either the forensic interviews of the victims — which were available to Picklesimer before trial — or the statements given by Picklesimer himself to police.

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AVOID DEMURRERS

Herring v. State, 334 Ga. App. 50 (2015)

• Eight Count indictment sexual offenses against stepdaughter.

• Lead investigator interviewed the victim and established the date ranges in the indictment.

• Testified that the victim could not remember the exact dates that the sexual contact had occurred.

• However, she provided him with 3 addresses that she had lived when she was molested.

• Got copies of leases and he derived the three date ranges in the indictment from the dates on the lease agreements of each address.

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AVOID DEMURRERSHerring v. State, 334 Ga. App. 50 (2015)• Herring and the victim next lived at an address on Highway

111, where the victim was living when she made her outcry.

• The victim told the investigator that Herring had sex with her on multiple occasions while at that location, and remembered that September 24, 2014, between 5:30 and 6:30 p.m., was the last day that Herring had sex with her.

• The date range alleged in the indictment was August 20, 2014 to September 24, 2014, representing Counts 3 and 4.

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AVOID DEMURRERS

Herring v. State, 334 Ga. App. 50 (2015)

• Victim's allegations that Herring committed multiple acts of molestation and incest on unknown dates during that time period are irrelevant to the issue.

• Herring is charged with only one count each of incest and child molestation during this date range. (Counts 3 and 4)

• The evidence demonstrates that the State is able to identify a single date on which the conduct occurred, September 24, 2014, and was therefore able to narrow the date of those two crimes in the indictment.

• Thus, those counts of the indictment are subject to a special demurrer.

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AVOID DEMURRERS

§ 16-11-62 Eavesdropping, surveillance

It shall be unlawful for:(2) Any person, through the use of any device, without the consent of all persons observed, to observe, photograph, or record the activities of another which occur in any private place and out f public view; provided…… exceptions…..

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AVOID DEMURRERSIn the name and behalf of the citizens of Georgia, charge and accuse ALICIA NICOLE PARKS with the offense of INVASION OF PRIVACY (O.C.G.A. 16-11-62) for that the said accused, BETWEEN THE 1ST DAY OF JUNE, 2010, AND THE 30TH DAY OF JUNE, 2010, EXCLUDING HOWEVER, JUNE 6, 13, 20, AND 27, 2010, in the County aforesaid, did unlawfully through the use of a cellular phone, a device, without the consent of all persons observed, did unlawfully record the activities of S.G. which occurred inside a bathroom stall of the ladies restroom at the Clayton County Sheriff’s Office, a private place, out of the public view.

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AVOID DEMURRERS

Narrow the DatesWork RecordsLease/Property Tax RecordOccur near Christmas, Halloween or other holidayOccur near birthdayWhat gradeWho was teacher at timeDuring school or summerAnything significant at time (school project due, sports event)

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AVOID MUTUALLY EXCLUSIVE VERDICTS

Middleton v. State, 309 Ga. 337 (2020)

Middleton filed a motion for new trial contending that the guilty verdicts for hijacking a motor vehicle and theft by receiving that vehicle were mutually exclusive and that any judgment entered on these verdicts is void.

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AVOID MUTUALLYEXCLUSIVE VERDICTS

Middleton v. State, 309 Ga. 337 (2020)(1) Whether a defendant must object to the form of

the verdicts at the time they are rendered in order to assert on appeal that convictions are mutually exclusive; and - NO

(2) Whether convictions for hijacking and theft by receiving the same vehicle are mutually exclusive – YES convictions for hijacking and theft by receiving the same vehicle are mutually exclusive.

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AVOID MUTUALLYEXCLUSIVE VERDICTS

• By finding Middleton guilty of hijacking a motor vehicle, the jury necessarily found that he was the principal thief of the motor vehicle, i.e., the person who “obtained” the motor vehicle from the victim by intimidation.

• By also finding him guilty of theft by receiving for retaining the same motor vehicle, the jury necessarily found that Middleton was not the principal thief of that vehicle.

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THE UNIT OF PROSECUTIONCobb v. State, 356 Ga. App. 187 (2020)• Cobb argued the trial court erred by not merging

Counts 1 and 2, CM of daughter.

• In separate counts, indictment charged Cobb with the separate acts of :– Unlawfully touching the victim's breasts and genitals– “Between the 1st day of November, 2011, and the

14th day of January, 2013, the exact dates being unknown” to the grand jury.

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THE UNIT OF PROSECUTION

Cobb v. State, 356 Ga. App. 187 (2020)

In Scott v. State, 306 Ga. 507 (832 SE2d 426) (2019), Supremes held an appellate court reviewing a conviction for multiple counts of child molestation should engage in a “unit of prosecution” analysis:

“Where the acts of child molestation appear to have occurred in discrete incidents, precisely identifying the applicable unit of prosecution may not affect the merger decision. By contrast, where the acts of molestation alleged in different counts were part of a single course of conduct occurring in a relatively short time frame, the unit of prosecution could determine if the defendant faces multiple, consecutive 20-year sentences or only one.”

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THE UNIT OF PROSECUTION

Cobb v. State, 356 Ga. App. 187 (2020)

The record also supports a conclusion that the attacks occurred more than 20 times over the charged period. Under these circumstances, where a rational trier of fact could conclude that “the acts of child molestation appear to have occurred in discrete incidents” over a relatively long period, the State was authorized to charge the two crimes in two different units of prosecution.

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THE UNIT OF PROSECUTION

• Make sure you place the necessary facts and evidence in the record “the acts of child molestation appear to have occurred in discrete incidents” over a relatively long period”.

• Material Allegation• Distinguish the Offenses

– Jones v. State, 354 Ga. App. 568, (2020) citing Scott, and merging counts involving sexual battery and aggravated sodomy when counts were “based on the same act” and when the first crime “did not require proof of any fact that the crimes of sodomy or aggravated sodomy did not”.

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THE UNIT OF PROSECUTION

Material Allegation

COUNT 4And the Grand Jurors aforesaid, on their oaths aforesaid, in the name andbehalf of the Citizens of Georgia, further charge and accuse MATTHEWSZYDLOWSKI with the offense of CHILD MOLESTATION (O.C.G.A.16-6-4(a)) for that the said accused between the 1st day of January, 2015,and the 31st day of January, 2015, the exact date of the offense beingunknown to the grand jury, in the County aforesaid, did commit an immoraland indecent act to AO, a child under the age of 16 years, with the intent toarouse the sexual desires of said accused by placing his penis on the vagina ofsaid child, said dates being a material allegation of this count, all of said actbeing contrary to the laws of said State, the good order, peace and dignitythereof.

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THE UNIT OF PROSECUTION

COUNT 5And the Grand Jurors aforesaid, on their oaths aforesaid, in thename and behalf of the Citizens of Georgia, further charge andaccuse MATTHEW SZYDLOWSKI with the offense ofCHILD MOLESTATION (O.C.G.A. 16-6-4(a)) for that thesaid accused between the 1st day of November, 2014, andthe 30th day of November, 2014, the exact date of theoffense being unknown to the grand jury, in the Countyaforesaid, did commit an immoral and indecent act to AO, achild under the age of 16 years, with the intent to arouse thesexual desires of said accused by placing his penis on thevagina of said child, said dates being a material allegation of thiscount, all of said act being contrary to the laws of said State,the good order, peace and dignity thereof.

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DATESSexual Exploitation Case“The GBI in my case developed information as to the date that the defendant received the images as well as the date he sent the images to another. The police recovered the phone containing all the images pursuant to search warrant at a later date. What would you advise as to the date of occurrence of each count” ?

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GRAND JURY

• Know your terms (different in different counties).• It is NOT a public proceeding.• There must be a quorum. Check each time.• Advise GJ of Defendant(s) and Victim(s) names

for conflicts.• Be sure to swear your witnesses.• Prepare your witness(es).• Address substantial exculpatory evidence.

NDAA Pros. Std. 3-3.5.

• ADA is legal advisor but may not remain during deliberations.

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GRAND JURY

§ 15-12-61• A grand jury shall consist of not less than 16

(quorum) nor more than 23 persons.

• The votes of at least 12 grand jurors shall be necessary to find a bill of indictment or to make a presentment.

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JUVENILE PETITIONS

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JUVENILE PETITIONS

• Begins with a Complaint, which is similar to a an arrest warrant.

• Intake to a juvenile facility is handled by the officer and intake officer at Dept. of Juvenile Justice.

• Within 48 hours of a child being detained, the court must hold a detention hearing.

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TIMELINE: RELEASED CHILD

• Detention Hearing: 48 hours. • Petition: 30 days after Complaint/Release• Summons: 72 hours before adjudication• Arraignment: 30 days after Petition• Adjudication: 60 days after Petition• Disposition: 30 days after Adjudication

• Approx. 122 days maximum time.

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TIMELINE: DETAINED CHILD

• Detention Hearing: 48 hours. • Petition: 72 hours after Detention• Summons: 72 hours before adjudication• Adjudication: 10 days after Petition• Disposition: 30 days after Adjudication

• Approx. 45 days maximum time.

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MISSED DEADLINE?

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PETITION CONTENTS

**May be amended anytime prior to Adjudication Hearing.**

• Facts which give rise to jurisdiction. • Best interest of child and public. • That the child is in need of supervision,

treatment, or rehabilitation. • Name, age, residence of child.

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PETITION CONTENTS

• Name and residence of parent, custodian, legal guardian, or if this is unknown.

• If unknown, the name of any adult relative. • If in custody, place and time. • If this is a designated felony charge. • List any of the above that is unknown as

“unknown.”

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DF: CLASS A

• Aggravated Assault (some)• Aggravated Battery• Armed Robbery (no firearm)• Home Invasion 1st Deg.• Trafficking Drugs• Kidnapping/Hijacking• After 3 prior felony adjudications.

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DF: CLASS B

• Some Aggravated Assaults• Smash and Grab Burglary• Possession w/ Intent to Distribute• Robbery • Racketeering• Battery of School Personnel• Certain weapons charges

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A FEW NOTES

• No matter how many petitions or adjudications, there is ONE disposition.

• Look over jurisdiction of the court carefully—Superior or Juvenile.

• Learn the new vocabulary.

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JUVENILE GLOSSARY

• Complaint (Arrest Warrant)• Informal Adjustment (Pre-trial Diversion)• Petition (Accusation or Indictment)• Adjudication Hearing (Bench Trial)• Disposition Hearing (Sentencing)• Admit/Deny (Guilty/Not Guilty)• DJJ (Dept. of Juvenile Justice)• CHINS (Children in Need of Services)

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ETHICS AND PROSECUTORIAL RESPONSIBILIITY

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NDAA PROSECUTION STANDARDS

Screening 4-1.1 Prosecutorial Responsibility

• The decision to initiate a criminal prosecutionshould be made by the prosecutor’s office.

• Where state law allows criminal charges to beinitiated by law enforcement or by other personsor means, prosecutors should, at the earliestpractical time, decide whether the charges shouldbe pursued.”

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A.B.A Criminal Justice Standards

3-3.9 Discretion in the Charging Decision

“A prosecutor should not institute, or cause to be instituted, or permit the continued pendency of criminal charges when the prosecutor knows that the charges are not supported by probable cause.

A prosecutor should not institute, cause to be instituted, or permit the continued pendency of criminal charges in the absence of sufficient admissible evidence to support a conviction.”

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STATE BAR OFGEORGIA ETHICS

RULE 3.8 SPECIAL RESPONSIBILITIES OF A PROSECUTOR

The prosecutor in a criminal case shall:a. refrain from prosecuting a charge that the prosecutor knows is not

supported by probable cause;b. refrain from making any effort to prevent the accused from exercising a

reasonable effort to obtain counsel;c. Reserved.d. make timely disclosure to the defense of all evidence or information known

to the prosecutor that tends to negate the guilt of the accused or that mitigates the offense;

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STATE BAR OF GEORGIA ETHICS

RULE 3.8 SPECIAL RESPONSIBILITIES OF A PROSECUTOR

The prosecutor in a criminal case shall:

a. exercise reasonable care to prevent persons who are under the direct supervision of the prosecutor from making an extrajudicial statement that the prosecutor would be prohibited from making under subsection (g) of this rule;

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STATE BAR OF GEORGIA ETHICS

a. not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes: a. the information sought is not protected from disclosure by any

applicable privilege;b. the evidence sought is essential to the successful completion of an

ongoing investigation or prosecution; andc. there is no other feasible alternative to obtain the information; and

b. except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.

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NOTICE

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Fair Use guidelines in face-to-face instructional education activities.

Additional use or distribution of that material is prohibited.