2021 Georgia Code
Title 5 - Appeal and Error
Chapter 7 - Appeal or Certiorari by State in Criminal Cases
§ 5-7-5. Right of Accused to Bail; Amount of Bail Reviewable by Appellate Court
In the event the state files an appeal as authorized in this chapter, the accused shall be entitled to be released on reasonable bail pending the disposition of the appeal, except in those cases punishable by death. The amount of the bail, to be set by the court, shall be reviewable on direct application by the court to which the appeal is taken.
(Ga. L. 1973, p. 297, § 5.)
Law reviews.- For note, "A 'Critical' Question of State Law: Georgia's Ambiguous Treatment of Initial Appearance Hearings and the Implications of Bail Reform," see 54 Ga. L. Rev. 363 (2019). For note, "Pretrial Detention of Indigents: A Standard Analysis of Due Process and Equal Protection Claims,” see 54 Ga. L. Rev. 707 (2020).
JUDICIAL DECISIONS
When bail may be denied generally.
- A person convicted of an offense punishable by death has no constitutional right to bail pending appeal. Wilcox v. Carter, 545 F. Supp. 1043 (M.D. Ga. 1982).
Direct appeal available.
- Georgia Supreme Court recognizes that the Georgia General Assembly has chosen to treat murder cases differently in O.C.G.A. § 5-7-5, and trial courts must be allowed some level of discretion to deny requests for bail pending appeals by the state in such cases; that discretion of trial courts in these cases should be governed by the standards for deciding whether to grant pretrial bail. Johnson v. State, 304 Ga. 369, 818 S.E.2d 601 (2018).
When a defendant's case is at an appellate stage and will not return to a pretrial stage unless and until the Georgia Supreme Court affirms the grant of new trial, during the state's appeal, the defendant's case cannot be considered to be pending in the court below; thus, the denial of a defendant's motion for appeal bond is directly appealable by the defendant. Johnson v. State, 304 Ga. 369, 818 S.E.2d 601 (2018).
RESEARCH REFERENCES
Am. Jur. 2d.
- 8A Am. Jur. 2d, Bail and Recognizance, § 12 et seq.
C.J.S.- 8 C.J.S., Bail; Release and Detention Pending Proceedings, §§ 103 et seq., 340.
