Legal Opinion
Ellerbee v. State
Court of Appeals of Georgia
Decided November 7, 1994No. A94A2407PublishedCited by 23 opinions
1Opinion of the Court
Birdsong, Presiding Judge.
Roy Anthony Ellerbee appeals his judgment of conviction of theft by shoplifting. Appellant was tried for shoplifting and his first trial resulted in a mistrial; appellant was retried and convicted. Appellant enumerates seven errors. Held:
1. Assuming without deciding that the issue of denial of motion for directed verdict in appellant’s first trial was not rendered moot following the subsequent mistrial and his retrial (compare Rhyne v. State, 209 Ga. App. 548 (1) (434 SE2d 76) with Willis v. Maloof, 184 Ga. App. 349 (361 SE2d 512) and Phillips v. State, 133 Ga. App.…
2Cases cited21 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Batson v. KentuckySupreme Court of the United States · 1986
- Oregon v. KennedySupreme Court of the United States · 1982
- Lewis v. StateSupreme Court of Georgia · 1993
- Smith v. StateSupreme Court of Georgia · 1994
16 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Felix v. StateSupreme Court of Georgia · 1999
- Holmes v. StateSupreme Court of Georgia · 2001
- Smith v. StateSupreme Court of Georgia · 1996
- Russell v. StateCourt of Appeals of Georgia · 1998
- Moak v. StateCourt of Appeals of Georgia · 1996
18 more not listed; retrieve them via the Exa API.