(a) In cases in which the death penalty is sought, there may be a review of all pretrial proceedings by the Supreme Court upon a determination by the trial judge under Code Section 17-10-35.2 that such review is appropriate. The review shall be initiated by the trial judge's filing in the office of the clerk of superior court and delivering to the parties a report certifying that all pretrial proceedings in the case have been completed and that the case stands ready for trial. Within ten days after the filing of the report or the receipt of transcripts of the proceedings, whichever is later, the prosecutor and the defendant may each file with the clerk of superior court and serve upon the opposing party a report identifying all areas of the pretrial proceedings with respect to which reversible error may arguably have occurred. Either party may consolidate with such report an application for appeal with respect to any order, decision, or judgment entered in the case. Any such application for appeal shall be in the form otherwise appropriate under subsection (b) of Code Section 5-6-34, but:
(1) Any such application for appeal shall be filed with the clerk
of superior court rather than the clerk of the Supreme Court;
(2) The opposing party shall not be required or permitted to
respond to such an application for appeal; and
(3) No certificate of immediate review shall be required for the
filing of such application for appeal.
(b) The reports of the trial judge, prosecutor, and defendant under
subsection (a) of this Code section shall be in the form of standard
questionnaires prepared and supplied by the Supreme Court. Such
questionnaires shall be designed to determine whether there is
arguably any existence of reversible error with respect to any of
the following matters:
(1) Any proceedings with respect to change of venue;
(2) Any proceedings with respect to recusal of the trial judge;
(3) Any challenge to the jury array;
(4) Any motion to suppress evidence;
(5) Any motion for psychiatric or other medical evaluation; and
(6) Any other matter deemed appropriate by the Supreme Court.
(c) Upon the filing of the reports of the parties, the clerk of
superior court shall transmit to the Supreme Court the report of the
trial judge, the transcripts of proceedings, and the reports of the
parties together with any application for appeal consolidated
therewith. A copy of all of the foregoing shall also be delivered
by the clerk of superior court to the Attorney General.
(d) The Supreme Court shall issue an order granting review of the
pretrial proceedings, or portions thereof, or denying review within
20 days of the date on which the case was received. The order of
the Supreme Court shall identify the matters which shall be subject
to review, and such matters may include, but need not be limited to,
any matters called to the court's attention in any of the reports or
in any application for appeal. No notice of appeal shall be required
to be filed if review of the pretrial proceedings is granted. An
order granting review of pretrial proceedings shall specify the
period of time within which each party shall file briefs and reply
briefs with respect to the matters identified in the Supreme Court's
order granting review. The Supreme Court may order oral argument or
may render a decision on the record and the briefs.
(e) If requested by the district attorney, the Attorney General
shall assist in the review and appeal provided for in this Code
(f) Review of any matter under this Code section shall, as to any
question passed on in such review, be res judicata as to such
question and shall be deemed to be the law of the case.
(g) The procedure under this Code section shall not apply to any
ruling or order made, invoked, or sought subsequent to the filing of
the report of the trial judge.
(h) The failure of either party to assert the rights given in this
Code section, or the failure of the Supreme Court to grant review,
shall not waive the right to posttrial review of any question review
of which could be sought under this Code section and shall not
constitute an adjudication as to such question.