Easter v. the State

Court of Appeals of Georgia

Easter v. the State

780 S.E.2d 822, 335 Ga. App. 226

CourtCourt of Appeals of Georgia

DecidedDecember 11, 2015

DocketA14A0358

StatusPublished

Cited by1 cases

This text of 780 S.E.2d 822 (Easter v. the 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.

Bluebook

Easter v. the State, 780 S.E.2d 822, 335 Ga. App. 226 (Ga. Ct. App. 2015).

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Opinion

Branch, Judge.

In an earlier decision in this case, we reversed Andra Easter’s conviction for aggravated assault, finding that the trial court had charged the jury on that crime in a manner not alleged in the indictment. Easter v. State, 327 Ga. App. 754 (761 SE2d 149) (2014). This holding was reversed by the Supreme Court of Georgia, which applied its decision in Green v. State, 291 Ga. 287 (728 SE2d 668) (2012), and found that the jury charge did not constitute reversible error. 1 State v. Easter, 297 Ga. 171, 173-174 (773 SE2d 181) (2015). Accordingly, we now vacate our earlier decision, adopt the opinion of the Supreme Court as our own, and affirm the judgment of conviction.

Judgment affirmed.

Barnes, P. J., and Boggs, J., concur.

1

In reaching this conclusion, the Supreme Court noted that

the State failed to cite Green in its brief to the Court of Appeals, and even after the Court of Appeals issued a decision that was inconsistent with Green, the State filed no motion for reconsideration and otherwise did nothing to bring Green to the attention of the Court of Appeals. We take this occasion to remind lawyers of their obligation to bring pertinent legal authority to the attention of the courts and to do so in a timely manner.

State v. Easter, 297 Ga. 171, 174, n. 2 (773 SE2d 181) (2015).

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Branch, Judge.

In an earlier decision in this case, we reversed Andra Easter’s conviction for aggravated assault, finding that the trial court had charged the jury on that crime in a manner not alleged in the indictment. Easter v. State, 327 Ga. App. 754 (761 SE2d 149) (2014). This holding was reversed by the Supreme Court of Georgia, which applied its decision in Green v. State, 291 Ga. 287 (728 SE2d 668) (2012), and found that the jury charge did not constitute reversible error. 1 State v. Easter, 297 Ga. 171, 173-174 (773 SE2d 181) (2015). Accordingly, we now vacate our earlier decision, adopt the opinion of the Supreme Court as our own, and affirm the judgment of conviction.

Judgment affirmed.

Barnes, P. J., and Boggs, J., concur.

1

In reaching this conclusion, the Supreme Court noted that

the State failed to cite Green in its brief to the Court of Appeals, and even after the Court of Appeals issued a decision that was inconsistent with Green, the State filed no motion for reconsideration and otherwise did nothing to bring Green to the attention of the Court of Appeals. We take this occasion to remind lawyers of their obligation to bring pertinent legal authority to the attention of the courts and to do so in a timely manner.

State v. Easter, 297 Ga. 171, 174, n. 2 (773 SE2d 181) (2015).

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780 S.E.2d 822, 335 Ga. App. 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/easter-v-the-state-gactapp-2015.

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