Georgia § 17-8-57 - Expression or intimation of opinion by judge as to matters proved or guilt of accused.

§ 17-8-57. Expression or intimation of opinion by judge as to matters proved or guilt of accused.

It is error for any judge, during any phase of any criminal case, to express or intimate to the jury the judge's opinion as to whether a fact at issue has or has not been proved or as to the guilt of the accused. Any party who alleges a violation of paragraph (1) of this subsection shall make a timely objection and inform the court of the specific objection and the grounds for such objection, outside of the jury's hearing and presence. After such objection has been made, and if it is sustained, it shall be the duty of the court to give a curative instruction to the jury or declare a mistrial, if appropriate. Except as provided in subsection (c) of this Code section, failure to make a timely objection to an alleged violation of paragraph (1) of subsection (a) of this Code section shall preclude appellate review, unless such violation constitutes plain error which affects substantive rights of the parties. Plain error may be considered on appeal even when a timely objection informing the court of the specific objection was not made, so long as such error affects substantive rights of the parties. Should any judge express an opinion as to the guilt of the accused, the Supreme Court or Court of Appeals or the trial court in a motion for a new trial shall grant a new trial. (Laws 1850, Cobb's 1851 Digest, p. 462; Code 1863, § 3172; Code 1868, § 3183; Code 1873, § 3248; Code 1882, § 3248; Civil Code 1895, § 4334; Penal Code 1895, § 1032; Civil Code 1910, § 4863; Penal Code 1910, § 1058; Code 1933, § 81-1104; Code 1981, § 17-8-55 ; Code 1981, § 17-8-57 , as redesignated by Ga. L. 1985, p. 1190, § 1; Ga. L. 2015, p. 1050, § 1/SB 99.) Cross references. - Corresponding provision relating to civil procedure, § 9-10-7 . Editor's notes. - Former Code Section 17-8-55 was redesignated as this Code section by Ga. L. 1985, p. 1190, § 1. Law reviews. - For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For article, "Criminal Law," see 53 Mercer L. Rev. 209 (2001). For article, "Evidence," see 53 Mercer L. Rev. 281 (2001). For annual survey of criminal law, see 57 Mercer L. Rev. 113 (2005). For annual survey of criminal law, see 58 Mercer L. Rev. 83 (2006). For annual survey of law on criminal law, see 62 Mercer L. Rev. 87 (2010). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 91 (2015). For annual survey of criminal law, see 67 Mercer L. Rev. 31 (2015). For comment on Sanders v. State, 66 Ga. App. 128 , 17 S.E.2d 251 (1941), see 4 Ga. B.J. 51 (1942). For comment on Brock v. State, 91 Ga. App. 141 , 85 S.E.2d 177 (1954), holding that a statement by the trial judge designating a witness as an accomplice is a violation by the trial court of the inhibition against an expression by the trial judge as to what has been proved, see 17 Ga. B.J. 501 (1955).