Shaw v. State, A97A0036

Decision Date05 March 1997
Docket NumberNo. A97A0036,A97A0036
Citation483 S.E.2d 646,225 Ga.App. 193
Parties, 97 FCDR 1194 SHAW v. The STATE.
CourtGeorgia Court of Appeals

William C. Head, for appellant.

Fredric D. Bright, District Attorney, Paul L. Groth, Assistant District Attorney, for appellee.

JOHNSON, Judge.

Robert Milton Shaw was indicted for first degree vehicular homicide, serious injury by vehicle, driving while under the influence of drugs, reckless driving, improper passing in a no passing zone, and driving without proof of insurance. All the charges arose out of the same November 1994 incident.

At the call of the trial calendar on February 19, 1996, Shaw announced that he had hired a new attorney the day before, who could not be present. The court continued the case to the next day, but Shaw's new attorney did not appear then, either. Shaw refused to give responsive answers to the court's questions about the eleventh-hour hiring. In response to what it saw as Shaw's deliberate and successful attempt to force a continuance, the trial court revoked Shaw's bond, and he was incarcerated for 20 days. Shaw was released pursuant to an order from this Court finding the revocation improper, and ordering that his bond be reinstated and that he be released instanter.

Shaw then filed a plea in bar, contending that his improper incarceration awaiting trial constituted punishment for the charges he was facing, and that any further prosecution would place him in double jeopardy for the same offense, in violation of the federal and state constitutions, and three Georgia statutes. The trial court denied the plea in bar, and Shaw appeals. We affirm.

1. The Fifth Amendment's double jeopardy clause protects a criminal defendant against three forms of abuse: (1) a second prosecution for the same offense, following an acquittal; (2) a second prosecution for the same offense, following a conviction; (3) multiple punishments for the same offense. United States v. Halper, 490 U.S. 435, 440, 109 S.Ct. 1892, 1897, 104 L.Ed.2d 487, 496 (1989). The Georgia constitutional and statutory protections against double jeopardy also apply to multiple prosecutions or punishments for the "same offense" or "same crime," to offenses arising from the "same conduct" or "same transaction," and to "lesser included offenses." See Ga. Const. of 1983, Art. I, Sec. I, Par. XVIII; see OCGA §§ 16-1-6; 16-1-7; 16-1-8; see generally State v. Steien, 214 Ga.App. 345, 346, 447 S.E.2d 701 (1...

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5 cases
  • Bozzuto v. State, A05A2088.
    • United States
    • Georgia Court of Appeals
    • December 2, 2005
    ...for violating his bond, he was not incarcerated in order to punish him for the harassing phone calls charge. Shaw v. State, 225 Ga.App. 193, 194(1), 483 S.E.2d 646 (1997) (although trial court improperly revoked the defendant's bond for intentionally delaying the beginning of the trial by h......
  • Hassard v. State
    • United States
    • Georgia Court of Appeals
    • February 7, 2013
    ...‘same conduct’ or ‘same transaction,’ and to ‘lesser included offenses.’ ” (Citations and punctuation omitted.) Shaw v. State, 225 Ga.App. 193, 194(1), 483 S.E.2d 646 (1997). “The appellate standard of review of a grant or denial of a double jeopardy plea in bar is whether, after reviewing ......
  • Agee v. State, S03A0508.
    • United States
    • Georgia Supreme Court
    • April 29, 2003
    ...with state and federal due process requirements). 3. Mathis v. State, 273 Ga. 508, 509, 543 S.E.2d 712 (2001); Shaw v. State, 225 Ga.App. 193, 194, 483 S.E.2d 646 (1997). 4. See Shaw, 225 Ga.App. at 194, 483 S.E.2d 646; see also Breed v. Jones, 421 U.S. 519, 95 S.Ct. 1779, 44 L.Ed.2d 346 (1......
  • United Technologies Corp. v. Gaines
    • United States
    • Georgia Court of Appeals
    • March 5, 1997
    ... ...         In this state, "[e]very action shall be prosecuted in the name of the real party in interest." OCGA § ... ...
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