Legal Opinion
Birt v. State
Supreme Court of Georgia
Decided November 25, 1986No. 43898PublishedCited by 61 opinions
1Opinion of the Court
Marshall, Chief Justice.
The appellant, Billy Sunday Birt, appeared before the Superior Court of Jefferson County for resentencing in a case in which his death penalty had been reversed. See Birt v. Hopper, 245 Ga. 221 (265 SE2d 276) (1980), cert. den. 449 U. S. 855 (1980).
The defense filed a motion to recuse Judge Walter C. McMillan, the judge scheduled to preside in the matter. Through appropriate administrative channels, the motion to recuse was assigned to Judge James B. O’Connor for determination, but Judge McMillan, notwithstanding, made a ruling that the motion was not timely and was…
2Cases cited17 opinions
- United States v. Grinnell Corp.Supreme Court of the United States · 1966
- Cargill v. StateSupreme Court of Georgia · 1986
- State v. FlemingSupreme Court of Georgia · 1980
- Jones v. StateSupreme Court of Georgia · 1981
- McDonald v. StateSupreme Court of Georgia · 1966
12 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Wellons v. StateSupreme Court of Georgia · 1995
- Baptiste v. StateCourt of Appeals of Georgia · 1997
- Berry v. StateSupreme Court of Georgia · 1997
- Propst v. MorganSupreme Court of Georgia · 2011
- Christensen v. StateCourt of Appeals of Georgia · 2000
56 more not listed; retrieve them via the Exa API.