Staff Analysis of the Legislation
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HB 196 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. |
