Title 17, Chapter 8, Section 5
( 17-8-5)
(a) On the trial of all felonies the presiding judge shall have the
testimony taken down and, when directed by the judge, the court
reporter shall exactly and truly record or take stenographic notes
of the testimony and proceedings in the case, except the argument of
counsel. In the event of a verdict of guilty, the testimony shall be
entered on the minutes of the court or in a book to be kept for that
purpose. In the event that a sentence of death is imposed, the
transcript of the case shall be prepared within 90 days after the
sentence is imposed by the trial court. Upon petition by the court
reporter, the Chief Justice of the Supreme Court of Georgia may
grant an additional period of time for preparation of the
transcript, such period not to exceed 60 days. The requirement that
a transcript be prepared within a certain period in cases in which a
sentence of death is imposed shall not inure to the benefit of a
defendant. (b) In the event that a mistrial results from any cause in the trial
of a defendant charged with the commission of a felony, the
presiding judge may, in his discretion, either with or without any
application of the defendant or state's counsel, order that a brief
or transcript of the testimony in the case be duly filed by the
court reporter in the office of the clerk of the superior court in
which the mistrial occurred. If the brief or transcript is ordered,
it shall be the duty of the judge, in the order, to provide for the
compensation of the reporter and for the transcript to be paid for
as is provided by law for payment of transcripts in cases in which
the law requires the testimony to be transcribed, at a rate not to
exceed that provided in felony cases. |