Parker v. Turk
Parker v. Turk
Opinion of the Court
This appeal is from an order of the Superior Court of Hall County dismissing appellant’s petition for a writ of certiorari to appeal an order of the Municipal Court of Gainesville. The municipal court order had set aside bail forfeitures entered on traffic charges against the appellant for speeding, attempting to elude an officer, and reckless driving. All of these charges were connected with a collision which had resulted in the death of the appellees’ son, and it was the appellees who sought to have the bail forfeitures set aside, apparently so that the charges could be transferred to the State Court of Hall County to be disposed of in conjunction with other charges against the appellant which were pending there. The City of Gainesville joined in the motion.
The appellant, who was named as the defendant in the action to relieve the forfeitures, argues that the bond forfeitures amount to a final disposition of the charges in question and that the trial court’s order consequently violates his constitutional protection against double jeopardy.
There was testimony from the clerk of the municipal court that the bail forfeitures occurred as the result of an administrative error and in violation of a rule of the municipal court which required that all traffic cases involving a fatality be brought to court for disposition. Held:
OCGA § 17-6-8 (Code Ann. § 27-511) provides that, in cases
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.