Bankston v. State

Marshall, Chief Justice.

The applicant for interlocutory appeal, Clinton Bankston, Jr., is under indictment in the Clarke Superior Court, wherein he is charged with the murders of five persons on two separate dates. He was 15 years of age at the time of the alleged murders of two of the persons, and 16 years of age at the time of the alleged murders of the other three. The state has filed notice of its intent to seek the death penalty, and applicant has filed a pretrial motion to bar imposition of the death penalty on both constitutional and statutory grounds. The statutory provision in issue…