Supreme Court of Georgia

State v. Arroyo

February 7, 2023315 Ga. 582

Summary

The Supreme Court of Georgia held that the Court of Appeals lacked jurisdiction to hear the State’s appeal of a post‑jury ruling on a motion to suppress because OCGA §5‑7‑1(a)(4) requires the motion be both made and ruled upon before the jury is impaneled or the defendant is placed in jeopardy. Accordingly, the Court vacated the Court of Appeals’ judgment and remanded for further proceedings.