Georgia Supreme Court Hears Grinstead Jurisdiction Case
The highest court in Georgia heard an appeal in the case of the state against Ryan Duke for the murder of Tara Grinstead this past Tuesday at 10 a.m. with the defense team and the state only having 20 minutes to present their arguments.
The purpose of the hearing was to decide whether Ryan could still receive public funding while being represented on a pro bono basis instead of by a public defender. However, the hearing focused on whether or not this type of “special” pre-trial hearing appeal should be allowed in the court.
During the hearing, Ryan’s attorney Evan Gibbs was asked, “If we disagree with you and if we decide we do not have any jurisdiction to consider this application under collateral order doctrine or Waldrip, and therefore we dismiss your application, is it too late for the parties to sit down with the trial judge and ask the trial judge to vacate his order and maybe re-enter a certificate of review to get this definitively resolved before trial?”
Gibbs replied, “Your honor, I do believe so. I believe that there was a lot of stuff going on at the time we presented this. We were right at the eve of trial and trying to get things together as quickly as possible. I believe with guidance from this court we would be able to do that.”
The hearing ended at 10:53 a.m. and the case was submitted.
At the time of press, a decision had not been made but could come any day or in the coming weeks. Under the Georgia Constitution’s “2-term rule,” all cases must be decided within at least 2 court terms or around 6 months from the time they are filed.
The trial was originally scheduled to begin on April 1, 2019, but was delayed after the Georgia Supreme Court agreed to hear the case. At this time, the trial date cannot be determined but could possibly begin late fall or early next year.