In the Interest of A.H.
Annotate this CaseAfter adjudicating A. H. delinquent, but finding that he was not in need of treatment, rehabilitation, or supervision, the juvenile court in this case entered an order dismissing the delinquency proceedings under OCGA § 15-11-600 (d) and sealing the record under OCGA § 15-11-701. The State appealed the juvenile court’s decision to seal the record, but the Court of Appeals dismissed the appeal, concluding that neither OCGA § 5-7-1(a)(1) nor OCGA § 5-7-1(a)(6) authorized the State to appeal the juvenile court’s order. The Georgia Supreme Court granted certiorari to determine whether “the Court of Appeals err[ed] in concluding that the State was not permitted to appeal under OCGA § 5-7-1(a).” The Supreme Court found with respect to subsection (a)(6), the issue was neither fully litigated below nor briefed by the parties in significant depth to the Supreme Court. "Thus, although this issue is properly before us in a narrow sense, it is not presented in a form that would allow us to clarify the law or otherwise provide meaningful guidance." Accordingly, the writ was vacated, and the petition for certiorari in Case No. S22C1035 was denied.
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