Sears v. State

Sears-Collins, Justice.

This is an interim appellate review of a case in which the state seeks a death sentence. See OCGA §§ 17-10-35.1 and 17-10-35.2.

1. Sears contends the trial judge should be recused on the ground that the judge knew the victim and her husband. We disagree.(a) The facts underlying the recusal motion are as follows:

The victim’s husband was an attorney. He and the trial judge served in the Air National Guard (the “ANG”) assigned to the State Headquarters. The judge is a judge advocate, the husband (now retired from the ANG) was not. They were in different departments.

The…