Duvall v. State

Court of Appeals of Georgia

Duvall v. State

722 S.E.2d 923, 314 Ga. App. 92, 2012 Fulton County D. Rep. 538, 2012 WL 432282, 2012 Ga. App. LEXIS 133

CourtCourt of Appeals of Georgia

DecidedFebruary 13, 2012

DocketA10A1767

StatusPublished

This text of 722 S.E.2d 923 (Duvall v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Duvall v. State, 722 S.E.2d 923, 314 Ga. App. 92, 2012 Fulton County D. Rep. 538, 2012 WL 432282, 2012 Ga. App. LEXIS 133 (Ga. Ct. App. 2012).

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Opinion

Blackwell, Judge.

Our earlier decision in this case, Duvall v. State, 305 Ga. App. 545 (699 SE2d 761) (2010), was reversed by the Supreme Court of Georgia, Duvall v. State, 289 Ga. 540 (712 SE2d 850) (2011). We now vacate our earlier decision, and we adopt the opinion and decision of the Supreme Court as our own. We also adopt as our own that portion of Division 3 of our earlier decision in which we held that the admission of certain similar transaction evidence was error. 1 We reverse the judgment below and remand for a new trial, consistent with the opinion of the Supreme Court and with this opinion.

Judgment reversed and case remanded.

Barnes, E J., and Dillard, J., concur. *93 DeCided February 13, 2012. Teresa L. Smith, James C. Bonner, Jr., for appellant. W. Kendall Wynne, Jr., District Attorney, T. Buckley Levins, Assistant District Attorney, for appellee.

1

The Supreme Court did not address the issues decided in Division 3 of our earlier decision.

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Blackwell, Judge.

Our earlier decision in this case, Duvall v. State, 305 Ga. App. 545 (699 SE2d 761) (2010), was reversed by the Supreme Court of Georgia, Duvall v. State, 289 Ga. 540 (712 SE2d 850) (2011). We now vacate our earlier decision, and we adopt the opinion and decision of the Supreme Court as our own. We also adopt as our own that portion of Division 3 of our earlier decision in which we held that the admission of certain similar transaction evidence was error. 1 We reverse the judgment below and remand for a new trial, consistent with the opinion of the Supreme Court and with this opinion.

Judgment reversed and case remanded.

Barnes, E J., and Dillard, J., concur. *93 DeCided February 13, 2012. Teresa L. Smith, James C. Bonner, Jr., for appellant. W. Kendall Wynne, Jr., District Attorney, T. Buckley Levins, Assistant District Attorney, for appellee.

1

The Supreme Court did not address the issues decided in Division 3 of our earlier decision.

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Bluebook (online)

722 S.E.2d 923, 314 Ga. App. 92, 2012 Fulton County D. Rep. 538, 2012 WL 432282, 2012 Ga. App. LEXIS 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duvall-v-state-gactapp-2012.

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