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Carter v. State

Citations

  • 541 S.E.2d 366
  • 273 Ga. 428
  • 2001 Fulton County D. Rep. 335
  • 2001 Ga. LEXIS 64

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reversing under the Hanifa test because “[t]he character of the communication in the present case does not show that it could not have been prejudicial to Carter”
  • finding prejudice where court told jury that the defendant would not be tried again on a specific count if that jury did not reach a verdict because it was inherently coercive in that it suggested that the defendant would go free if not convicted by that jury
  • where the record did not show that the defendant knew of the trial court's ex parte communication with the jury, the error was not waived
  • where the record did not show that the defendant knew of the trial court’s ex parte communication with the jury, the error was not waived
  • “the transcript of the ensuing conversation between the trial court and the jurors show[ed] that the trial court went outside the bounds of [the] agreement” of the parties in its communication with the jurors

Source: CourtListener parenthetical corpus (CC0).

Judges: Benham

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Cited by

15 cases in this archive cite this case.

Cites

11 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.