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WALKER v. STATE

S20G1471.

864 S.E.2d 398 (2021)

WALKER v. The STATE.

Supreme Court of Georgia.

Decided: October 19, 2021.

Attorney(s) appearing for the Case

D. Benjamin Sessions , The Sessions Law Firm, LLC, 3155 Roswell Rd., Ste. 220, Atlanta, Georgia 30305, for Appellant.

Andrew Santos Fleischman , Ross & Pines, LLC, 5555 Glenridge Connector, Suite 435, Atlanta, Georgia 30342, for Amicus Appellant.

Peter J. Skandalakis , Robert Wright Smith, Jr. , Prosecuting Attorneys Council of Georgia, 1590 Adamson Parkway, 4th Floor, Morrow, Georgia 30260, Kimberly A. Dymecki , 50 Technology Pkwy. South, Peachtree Corners, Georgia 30092, Christopher M. Carr , Attorney General, Andrew Alan Pinson , Solicitor General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, for Neutral Amicus.

Carlton Todd Hayes , Solicitor-General, Cherokee County Solicitor General's Office, Sara Manly Grainger , Assistant Solicitor-General, Office of the Solicitor General, 100 North Street, Canton, Georgia 30114, David Martin McElyea , Assistant Solicitor-General, Michelle Lea Dissman , Assistant Solicitor-General, Cherokee County Solicitor-General's Office, 90 North Street, Canton, Georgia 30114, for Appellee.

We granted certiorari in this case to decide whether a trial court's order dismissing a criminal case for want of prosecution, which does not say that it is with prejudice to refiling, nevertheless constitutes an impermissible dismissal with prejudice if the applicable statute...

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