Grant v. State
| Decision Date | 13 March 2000 |
| Docket Number | No. S99G1267.,S99G1267. |
| Parties | GRANT v. The STATE. |
| Court | Georgia Supreme Court |
OPINION TEXT STARTS HERE
L. Elizabeth Lane, Macon, for appellant. Charles H. Weston, District Attorney, Wayne G. Tillis, Howard Z. Simms, Assistant District Attorneys, for appellee.
We reverse the judgment of the Court of Appeals in Grant v. State, 237 Ga.App. 892, 515 S.E.2d 872 (1999), because the State now concedes that the jury oath which is mandated by OCGA § 15-12-139 was never administered in this case.1 It follows that Grant's motion to set aside his conviction should have been granted and the case must be remanded for retrial. See Slaughter v. State, 100 Ga. 323, 28 S.E. 159 (1897).
Judgment reversed.
All the Justices concur.
1. We note that the State's concession came after certiorari was granted and while the case was pending in this Court, and that the Court of Appeals was without benefit of that information when it rendered its opinion.
To continue reading
Request your trial
-
Butts v. State
...515 S.E.2d 872 (1999) (noting strategic aspect of selecting appropriate "tone" during trial), rev'd on other grounds by Grant v. State, 272 Ga. 213, 528 S.E.2d 512 (2000). 35. Strickland, 466 U.S. at 687(III), 104 S.Ct. 2052; Smith, 253 Ga. at 783(1), 325 S.E.2d 362. 36. Walton v. State, 27......
-
Alston v. State
...722 So.2d 782, 786 (Ala.Crim. App.1997); California v. Pelton, 7 P.2d 205, 206 (Cal.App. Dep't Super. Ct.1931); Grant v. Georgia, 272 Ga. 213, 528 S.E.2d 512, 513 (2000); Steele v. Indiana, 446 N.E.2d 353, 354 (Ind.Ct.App.1983); Michigan v. Pribble, 72 Mich.App. 219, 249 N.W.2d 363, 368 (19......
-
Harris v. State
...at 268 ("[T]he failure to administer [the] oath to the trial jury requires the setting aside of any conviction"); Grant v. State, 272 Ga. 213, 528 S.E.2d 512 (2000); State v. Frazier, 339 Mo. 966, 980, 98 S.W.2d 707, 715 (1936) ("[A] party may waive irregularities in the swearing of the jur......
-
Fedd v. State
...be waived. ... [A]s a consequence, a conviction by an unsworn jury is a mere nullity.") (emphasis supplied). See also Grant v. State, 272 Ga. 213, 528 S.E.2d 512 (2000); Culpepper v. State, 132 Ga.App. 733(2), 209 S.E.2d 18 This appeal considers a belated oath given after the presentation o......