In a recent decision by the Court of Appeals of Georgia, the court upheld a trial court’s ruling to grant an order of nolle prosequi in the case against Robert Jordan. Jordan was initially indicted on charges including murder and aggravated assault. While awaiting trial, he faced additional charges for influencing a witness. After being convicted on the initial charges and sentenced to life imprisonment without parole, Jordan’s influencing-a-witness case was placed on hold pending his appeal.
The State later sought to dismiss this charge, which Jordan contested, arguing that his right to a speedy trial had been violated. The court ruled that since no jury had been empaneled or sworn for the trial, jeopardy had not attached, allowing the State to enter nolle prosequi without Jordan’s consent. The court found no error in proceeding without hearing Jordan’s plea in bar regarding his constitutional rights.
Jordan’s reliance on precedent from Ciprotti v. State was deemed inapplicable as it pertained specifically to statutory demands for speedy trials under different legal provisions.
Source: A24A0397_ROBERT_DAVID_JORDAN_v_THE_STATE_Opinion.pdf
