Waller v. State

Supreme Court of Georgia

Waller v. State

319 S.E.2d 11, 253 Ga. 146, 1984 Ga. LEXIS 856

CourtSupreme Court of Georgia

DecidedJuly 5, 1984

Docket39385

StatusPublished

Cited by2 cases

This text of 319 S.E.2d 11 (Waller v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Waller v. State, 319 S.E.2d 11, 253 Ga. 146, 1984 Ga. LEXIS 856 (Ga. 1984).

Pincite

Opinion

Per curiam.

In its first appearance before this court, we affirmed this case. Waller v. State, 251 Ga. 124 (303 SE2d 437) (1983). The Supreme Court of the United States granted certiorari and reversed Division 4 of our opinion holding that the closure of the entire suppression hearing was unjustified and amounted to a constitutional violation. Waller v. Georgia, Case No. 83-321 and Cole v. Georgia, Case No. 83-322. The court went on to hold that this error does not automatically mandate a new trial and then remanded the case for the state courts to decide what portions, if any, of the suppression hearing may be closed. It held that a new trial will be held only if a new suppression hearing results in suppression of material evidence not suppressed at the first trial, or in some other material change in the position of the parties.

We have now remanded the case to the trial court for proceeding consistent with the opinion of the Supreme Court of the United States.

So ordered.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Per curiam.

In its first appearance before this court, we affirmed this case. Waller v. State, 251 Ga. 124 (303 SE2d 437) (1983). The Supreme Court of the United States granted certiorari and reversed Division 4 of our opinion holding that the closure of the entire suppression hearing was unjustified and amounted to a constitutional violation. Waller v. Georgia, Case No. 83-321 and Cole v. Georgia, Case No. 83-322. The court went on to hold that this error does not automatically mandate a new trial and then remanded the case for the state courts to decide what portions, if any, of the suppression hearing may be closed. It held that a new trial will be held only if a new suppression hearing results in suppression of material evidence not suppressed at the first trial, or in some other material change in the position of the parties.

We have now remanded the case to the trial court for proceeding consistent with the opinion of the Supreme Court of the United States.

So ordered.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

319 S.E.2d 11, 253 Ga. 146, 1984 Ga. LEXIS 856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waller-v-state-ga-1984.

Opinion

Related

Cite This Page — Counsel Stack