Of Counsel

Legal Notes on Georgia and The South

Court Update

Posted by Maggie on September 24, 2007

The GA Supreme Court put out 33 opinions today. I’ll try and get to them next week when I’ll be off and have some time. As for the GA Court of Appeals, here’s the round-up since last update:

Convictions affirmed: 2
Convictions reversed: 1

Wright v. State, A07A1938. Not the prosecutor’s fault this time. Nope, the Judge asked the arresting officer if the defendant made a statement. When the officer answered No, the Judge asked, “He didn’t want to talk to you, is that what you’re saying?” Court of Appeals overturns, finding this an improper comment on the defendant’s right to remain silent. (Shockingly, counsel didn’t object!) Fortunately, the Court finds this obvious error and overturns. Further, it was the fact that the Judge was the one making the statement that made it harmful error. No curative instruction was given and no one was censured, as could have happened if it had been a counsel or witness mistake. Watch those Judges!

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