Kelly v. State

Supreme Court of Georgia · 2023 · Criminal Law

883 S.E.2d 363 (2023)

Updated July 19, 2026

crimlawterm of courtjurisdictionmotion for new trialreconsiderationnullitycriminal procedureinherent power

Facts

The trial court entered an order on October 26, 2021 granting Kelly's motion for new trial based on ineffective assistance of counsel and stating that the State could request a rehearing within 30 days. A new term of court in Richmond County began on November 15, 2021. The State filed its rehearing request on November 23, 2021, which was within 30 days of the order but after the term had expired. The trial court later reopened the matter and entered an order denying Kelly's amended motion for new trial.

Issue

Whether the trial court had jurisdiction in a criminal case to reconsider its order granting a new trial when the State filed its rehearing request after the term of court ended, even though the request was filed within the 30-day period stated in the order. Also, whether the State could avoid that result by arguing that the original order granting a new trial was void for lack of due process or fundamental fairness.

Rule

In a criminal case, a trial court has inherent power during the same term of court in which a judgment or interlocutory ruling is rendered to revise, correct, revoke, modify, or vacate it, but that authority generally ends with the expiration of the term unless a motion to modify, vacate, reconsider, or the like was filed within that same term. Language in the court's order purporting to allow a longer time for reconsideration cannot extend the court's authority beyond the end of the term. The State does not have constitutional due process rights as a 'person' under the Fifth or Fourteenth Amendment in a criminal prosecution.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In a felony prosecution in Savannah, the superior court granted Dana Mercer a new trial on June 28. The order stated that the prosecution could move for reconsideration within 20 days, but the next term of court began on July 10 and the prosecution filed on July 15.

May the superior court reconsider the order granting a new trial and deny relief based solely on that July 15 filing?

Explanation. In a criminal case, a trial court has inherent authority during the same term of court to revise, revoke, modify, or vacate its rulings, but that authority generally ends with the term unless a motion for reconsideration or similar motion was filed within that same term. Language in the order allowing a longer filing period does not extend the court's authority beyond the end of the term. Because the prosecution filed after the new term began, the court could not reconsider on that basis.