Staff Analysis of the Legislation
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SB 99 amends O.C.G.A. Code Section 17-8-57,
which prohibits judges, during any phase of any criminal case, to
express or intimate to the jury the judge's opinion as to whether a fact
has or has not been proved or as to the guilt of the accused. The bill
requires a party who alleges a violation of this statute to make a
contemporaneous objection, outside of the jury's presence, and inform
the court of the specific objection and the grounds for such objection.
The court may give a curative instruction to the jury or declare a
mistrial. Failure to make a contemporaneous objection shall preclude
appellate review, unless such violation constitutes plain error which
affects substantial rights of the parties. Such plain error may be
considered on appeal even if the matter was not brought to the courts
attention as provided in subsection (b) of this Code section. |
