Sanders v. Georgia
Annotate this CaseKelly Sanders challenged the denial of her special demurrer as to a six-count second indictment against her, arguing that it was insufficient in a number of ways. Sanders was originally indicted for murder and on drugs possession charges. After Sanders filed her notice of appeal, the State indicted Sanders a third time, and the trial court entered orders of nolle prosequi as to the first and second indictments. The State argued that because Sanders was indicted a third time and the trial court purported to dismiss the second indictment that was the subject of this appeal, Sanders’ appeal was moot. To this, the Georgia Supreme Court disagreed: the purported order of nolle prosequi with respect to the second indictment was a nullity. Further, the Court concluded Counts 2, 4, and 5 of the second indictment were subject to a special demurrer. However, the Supreme Court held that Counts 1, 3, and 6 were not subject to a special demurrer on the grounds argued by Sanders in her appeal.
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