J.T.G. v. State

141 Ga. App. 184, 233 S.E.2d 40 (1977)

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J.T.G. v. State

Georgia Court of Appeals
141 Ga. App. 184, 233 S.E.2d 40 (1977)

Facts

Georgia statute contained a timing requirement that applied to the setting of adjudicatory delinquency hearings when a child was in detention. The statute required the state (plaintiff) to file its delinquency petition before the court could set a date for the adjudicatory hearing on the petition. The hearing date could be no later than 10 days after the filing date of the petition. On June 3, 1976, before the state filed its delinquency petition, the trial court held a detention hearing concerning J.T.G. (defendant). The court ordered J.T.G. to remain in detention and set the adjudicatory-hearing date for June 15, 1976. J.T.G. did not object to the hearing date. The day after the detention hearing, on June 4, 1976, the state filed its delinquency petition. At the adjudicatory hearing, which was more than 10 days after the state filed its delinquency petition, J.T.G. moved the court to dismiss the petition for lack of jurisdiction, arguing that the hearing date did not comply with the statutory timing requirement. The state argued that J.T.G. waived the timing requirement because he did not object when the court set the hearing date. The trial court denied J.T.G.’s motion, and J.T.G. appealed.

Rule of Law

Issue

Holding and Reasoning (Bell, C.J.)

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