Legal Opinion
Cain v. State
Supreme Court of Georgia
Decided November 25, 2002No. S02A1332Published
1Opinion of the Court
573 S.E.2d 46 (2002)
275 Ga. 784
CAIN
v.
The STATE.
No. S02A1332.
Supreme Court of Georgia.
November 25, 2002.
R. Gary Spencer, Atlanta, for appellant.
Paul L. Howard, Jr., Dist. Atty., Bettieanne C. Hart, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Adam M. Hames, Asst. Atty. Gen., for appellee.
HUNSTEIN, Justice.
Marvin Cain appeals from the denial of his motion for an out of time appeal from his murder conviction. Finding that the document Cain filed constituted the "functional equivalent" of a timely-filed notice of appeal, we reverse the trial court and remand the case with direction that Cain…
Also in this document: Dissent.
2Cases cited31 opinions
- Torres v. Oakland Scavenger Co.Supreme Court of the United States · 1988
- Rowland v. StateSupreme Court of Georgia · 1995
- Smith v. BarrySupreme Court of the United States · 1992
- Clark Jerome McMillan v. Eugene BarksdaleCourt of Appeals for the Sixth Circuit · 1987
- Smith v. StateSupreme Court of Georgia · 1996
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