Kelly v. State

Summary

The Supreme Court of Georgia held that the trial court lacked jurisdiction to reconsider its order granting Kelly a new trial because the State's request for rehearing was filed after the term of court ended. The court also rejected the State's argument that the initial new-trial order was void for denying the State constitutional procedural due process, because the Due Process Clauses protect persons, not states. The order denying Kelly's motion for new trial was vacated, and the case was remanded for proceedings under the original order granting a new trial.