Seals v. GeorgiaAnnotate this Case
This case presented the question of whether defendants in criminal cases could have their cases dismissed for lack of jurisdiction because verdicts were rendered or sentences imposed on less than all counts of an indictment or accusation, or one or more counts were “dead- docketed.” The Georgia Supreme Court concluded it did: dead-docketing, while a common and longstanding practice in Georgia courts, had almost no statutory authority and none that would allow different treatment here. "And precedent from our Court of Appeals has for decades made clear that when a count is dead-docketed, the case remains pending in the trial court." Such a case cannot be appealed as a final judgment under OCGA 5-6-34 (a) (1); instead, it required a certificate of immediate review, which Demarquis Seals did not seek. The Supreme Court therefore affirmed the Court of Appeals’ dismissal of his appeal.