Legal Opinion

The State v. Osborne

Court of Appeals of Georgia

Decided February 18, 2015No. A14A1975PublishedCited by 3 opinions

1Opinion of the Court

Phipps, Chief Judge.

Before Corey Osborne’s arraignment in Paulding County Superior Court Case No. 14-CR-000256, the district attorney filed a motion to recuse the judge assigned to the case. Without referring the motion for a hearing before a different judge, the assigned judge dismissed the motion, concluding that it was “legally insufficient on its face.” The state appeals, contending that the motion to recuse “should have been heard by a different [j]udge.” For the following reasons, this appeal is dismissed.

In its appeal brief, the state acknowledges that pursuant to OCGA §§ 5-7-1 and…

Also in this document: Concurrence.

2Cases cited20 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Caperton v. A. T. Massey Coal Co., Inc.Supreme Court of the United States · 2009
  3. Patterson v. StateSupreme Court of Georgia · 1982
  4. Gable v. StateSupreme Court of Georgia · 2011
  5. Sosniak v. StateSupreme Court of Georgia · 2012

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3Cited by3 opinions

  1. State v. CashSupreme Court of Georgia · 2015
  2. In Re: Recusal of Judge Yolanda C. Parker-SmithCourt of Appeals of Georgia · 2026
  3. State v. Jarvis TaylorCourt of Appeals of Georgia · 2015

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