Alright, this is going to be long. I'm reading some about what RD is charged with and if the DP is on the table. So, first I'm going to post some Georgia statutes.
The statute for murder, at the time of the arrest warrant, read like this:
Now, the new law that went into effect July 1st is this:
The statute for the death penalty reads as follows:
Finally, a great summary of how a GJ works here:
Ok, the murder charge in the arrest warrant is based off the first ocga murder statute listed. 16-5-1 (c) is the felony murder charge based upon the 2nd degree cruelty charge. My understanding is that felony murder, as listed in it, is not eligible for DP because in RH's case, it doesn't meet any of the criteria listed in 17-10-30 (though to me,17-10-30(7) would fit). UNLESS the 2nd degree cruelty charge is considered a capital felony. I know there is a separate statute listing sentencing for murder and felony murder is a mandatory life sentence with parole eligible at 30 years. If you have no prior felony convictions. I can't find it now, I'm exhausted, but I'll edit this to include it when I do find it.
However, I believe the grand jury indictment replaces the arrest warrant. And since that would be after July 1st (obviously), the new laws apply. So if the first charge remains 2nd degree cruelty to children, the Grand jury would have to use this new murder charge (16-5-1 (d) which has its own sentencing defined in 16-5-1 (e)(2) as a possible sentence of 10 to 30 years). So, I think if the DA presents a 2nd cruelty to children case to the Grand Jury, their hands are tied on the lack of a stiff murder charge.
And, I threw in the info out Gran Juries for good measure.
I'm exhausted and dunno if I explained this well. I reserve the right to edit it more. But, for now, I'm done...
Are there any Georgia lawyers in the building? I've got a paralegal cert but, obviously, I'm still learning
