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State v. Bair

Case Conclusion Date: 03.26.2010

Practice Area: White Collar Crime

Outcome: Dismissal of 31 count criminal indictment upheld

Description: In Bair v. State, ___ Ga.App. _____, 2010 Ga. App. LEXIS 312 (2010), the Georgia Court of Appeals upheld the trial court's grant Ms. Bair's plea in bar, special demurrer, and dismissal of all charges in a 31 count felony indictment alleging the theft of over $20,000.00 from an insurance company. The Court of Appeals based its opinion upon the Fulton County District Attorney's failure to (1) properly charge the manner in which the crime was alleged to have occurred, and (2) return an indictment within the statute of limitations. As a result of the decision, the state is barred completely from prosecuting this case.

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