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· 7/11/2014

McLAUGHLIN v. PAYNE

Citations

  • 295 Ga. 609
  • 761 S.E.2d 289

How courts have described this case

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

  • distinguishing between absolute disqualification of elected district attorney and disqualification of elected district attorney from serving as an advocate at trial because he was appearing as a witness
  • noting the “conflict inherent in counsel’s dual role as advocate and witness”; that “an attorney [would] act as both witness and advocate is a circumstance to be avoided”
  • distinguishing between absolute disqualification of elected district attorney and disqualification of elected district attorney from serving as an advocate at trial because he was appearing as a witness
  • affirming grant of habeas relief where the district attorney had testified as a fact witness in the criminal trial after identifying himself as the district attorney and the examining prosecuting attorney as his assistant
  • “Under our State Constitution, ‘[i]t shall be the duty of the district attorney to rep- resent the state in all criminal cases in the superior court of such district attorney’s circuit[.]’ ”
  • “Under our State Constitution, ‘[i]t shall be the duty of the district attorney to represent the state in all criminal cases in the superior court of such district attorney’s circuit. . . .’” (quoting Ga. Const. of 1983, Art. VI, Sec. VIII, Par. I (d)

Source: CourtListener parenthetical corpus (CC0).

Judges: Hlnes, Nahmias, Blackwell, Melton

Read full opinion on CourtListener

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.