Kelly v. Georgia
Annotate this CaseA trial court granted Jeremiah Kelly's motion for a new trial, but gave the State an opportunity to request a rehearing within 30 days. The State filed such a request within that time, but did so after the expiration of the term of court in which the order granting a new trial was entered. Nevertheless, the trial court purported to enter a denial of Kelly’s motion for new trial. Kelly appealed that trial court order. Because the trial court did not have jurisdiction to consider the State’s out-of-term request for rehearing or to enter an order denying the motion for new trial, the Georgia Supreme Court vacated that order and remanded the case for further proceedings pursuant to the trial court’s initial order granting Kelly a new trial.
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