Mooney v. State
| Decision Date | 23 June 1978 |
| Docket Number | No. 55438,55438 |
| Citation | 246 S.E.2d 328,146 Ga.App. 390 |
| Parties | MOONEY v. The STATE. |
| Court | Georgia Court of Appeals |
Cook, Noell, Bates & Warnes, Edward D. Tolley, Athens, for appellant.
Harry N. Gordon, Dist. Atty., B. Thomas Cook, Jr., Asst. Dist. Atty., for appellee.
Appellant Mooney has filed an appeal with this court seeking the review of the denial of a motion to set conditions for release on bail pending his trial for murder. Mooney offered extensive evidence including sworn testimony and affidavits attesting to his reliability. The state offered no independent evidence but relied upon the inferences and indications of unreliability contained within the evidence offered by the appellant. Mooney complains that the state, by failing to introduce any evidence at all, has not met its burden to prove that he is not entitled to pre-trial release. Further, Mooney urges this court to set general guidelines to govern trial courts in their consideration of motions for pre-trial release inasmuch as the only present guideline is the "discretion of the court."
We find it unnecessary to respond to the contentions made by Mooney. We note that Mooney was charged with a capital felony and that pre-trial bail in such cases is a matter resting within the sound discretion of the trial court (Code Ann. § 27-901). Harris v. Hopper, 236 Ga. 389, 390, 224 S.E.2d 1. Subsequent to the filing of this appeal, Mooney was tried and convicted by jury of the offense of murder and sentenced to life imprisonment. Any question of the legality of his pre-trial incarceration therefore has become moot. Accordingly, the appeal is dismissed for mootness.
Appeal dismissed.
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Mitchell v. State, 64200
...in this case. 4. The remaining enumeration that the pretrial bail was improperly denied is mooted by the conviction. Mooney v. State, 146 Ga.App. 390, 246 S.E.2d 328. Judgment SHULMAN, P. J., and CARLEY, J., concur. ...
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Young v. State
...and fully considered the request prior to denying the motion. Harris v. Hopper, 236 Ga. 389, 390, 224 S.E.2d 1; Mooney v. State, 146 Ga.App. 390, 391, 246 S.E.2d 328. Moreover, we do not find a denial of due process in view of the lengths to which the trial court went to afford appellant th......
- McCarty v. State, 55385
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Walker v. State
... ... lack jurisdiction ... Furthermore, ... Walker sought to challenge the computation of his sentence, ... which has now been served. The appeal is thus moot and ... subject to dismissal. See, e. g., Mooney v. State, ... 146 Ga.App. 390, 390 (246 S.E.2d 328) (1978) (issues ... pertaining to pre-trial incarceration rendered moot by ... conviction and life sentence); OCGA § 5-6-48 (b) (3) ... (appeal is subject to dismissal where the questions presented ... have become ... ...