Kier v. State

McMurray, Presiding Judge.

Defendant was indicted for violating the Georgia Controlled Substances Act in that he did allegedly purchase cocaine from an undercover law enforcement officer. Defendant’s first trial resulted in a hung jury and a mistrial. A second jury trial resulted in defendant’s conviction. This appeal followed the denial of defendant’s motion for new trial. Held:

Three and one-half months after defendant’s first trial and two weeks before his second trial, defense counsel filed a motion for the trial court to reconsider defendant’s earlier oral request for a free transcript of…