Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Royal v. State

O.C.G.A. § 17-3-2 2's tolling period is not extinguished until the injured party has actual knowledge of the crime.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this interlocutory appeal, Luther Royal appeals from the trial court’s order denying his motion to dismiss, special demurrer and motion to quash, and plea in bar with respect to Counts 1 through 16 insurance fraud and Count 19 theft by taking of the indictment. With regard to all specified counts, each of these motions asserted that the statute of limitation had expired because the State had actual knowledge of the crimes more than four years before indicting Royal. With regard to Count 19, Royal contended that the indictment fails to state “any factual basis to indicate how the alleged criminal acts were supposed to have been committed.” For the reasons explained below, we reject Royal’s statute of limitation argument as to all specified counts and dismiss as moot his claim with regard to Count 19 of the indictment. 1. Based upon the four-year statute of limitation applicable to the crimes with which he was charged, OCGA § 17-3-1 c, his interpretation of the tolling period provided by OCGA § 17-3-2 2, and the facts presented to the trial court, Royal contends that the trial court erred by denying his motion. We disagree.

“The appellate standard of review for a plea in bar asserting a statute of limitation defense is a de novo review of the issues of law. As this ruling involves a mixed question of fact and law, we accept the trial court’s findings on disputed facts and witness credibility unless they are clearly erroneous, but independently apply the law to the facts.” Citation, punctuation and footnote omitted. State v. Campbell , 295 Ga. App. 856 673 SE2d 336 2009. So viewed, the record shows that Royal received total and residual disability benefits for an injury he received in June of 2002. The policy was issued by New York Life and administered by Paul Revere Insurance Company through its umbrella company, UNUM Provident “UNUM”.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Consulting Top Consultants 2024
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
Elite Trial Lawyers 2024
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
Go to Events Go to Webcasts
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
ASSOCIATE ATTORNEY-PERTH AMBOY-NJ

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›
BANKRUPTCY & COMMERCIAL LITIGATION ASSOCIATE

McCarter & English, LLP, a well established and growing law firm, is actively seeking a talented and driven associate having 2-5 years o...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements