Walker v. Georgia
Annotate this CaseThe Georgia Supreme Court granted certiorari in this case to decide whether a trial court’s order dismissing a criminal case for want of prosecution, which did not say that it was with prejudice to refiling, nevertheless constituted an impermissible dismissal with prejudice if the applicable statute of limitation has run. The Court concluded that such a dismissal order was without prejudice to refiling, and that, to the extent the statute of limitation barred the State from reaccusing the defendant, that consequence flowed from the operation of the statute of limitation and not from the dismissal order. Accordingly, the Court of Appeals’ judgment was reversed.
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