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BISHOP v. STATE

No. S95A1359.

462 S.E.2d 716 (1995)

265 Ga. 821

BISHOP v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied November 3, 1995.

Attorney(s) appearing for the Case

Mary Walton Whiteman, Whiteman & Whiteman, Decatur, for Bishop.

J. Tom Morgan, Dist. Atty., Sheila A. Connors, Asst. Dist. Atty., Decatur, Michael J. Bowers, Atty. Gen., Department of Law, Atlanta, Desiree Sutton Peagler, Asst. Dist. Atty., Decatur, for State.

Nicholas A. Lotito, Davis, Zipperman, Kirschenbaum & Lotito, Atlanta, Lynne Y. Borsuk, Peters, Roberts, Borsuk & Taylor, P.A., Decatur, for amici curiae.

Michael J. Bowers, Atty. Gen., Department of Law, Atlanta, Susan V. Boleyn, Senior Asst. Atty. Gen., Department of Law, Atlanta, Caroline Wight Donaldson, Asst. Atty. Gen., Atlanta, for appellee.

CARLEY, Justice.

Walter Wayne Bishop is a 14-year-old who allegedly committed multiple offenses which are within the "exclusive jurisdiction" of the superior court. OCGA § 15-11-5(b)(2)(A). Acting pursuant to OCGA § 15-11-5(b)(2)(C), the district attorney did not decline to prosecute in the superior court and Bishop was indicted for the offenses. After his indictment, Bishop filed a motion to dismiss and a motion to transfer to the juvenile court. These...

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