Legal Opinion

Mulkey v. State

Supreme Court of Georgia

Decided January 4, 1983No. 39197PublishedCited by 29 opinions

1Opinion of the Court

Marshall, Presiding Justice.

Harold Mulkey appeals from his conviction of malice murder, for which he received a life sentence.

1. The first enumerated error is that the court erred in failing to grant his motion to sever his trial from that of his co-defendants, Earl Green and Bo Salmon.

It is discretionary with the trial judge as to whether to jointly or separately try defendants who are jointly indicted for a capital offense when the state has waived the death penalty. OCGA § 17-8-4 (Code Ann. § 27-2101). The trial judge’s denial of the motion to sever will not be disturbed unless the…

2Cases cited8 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Cain v. StateSupreme Court of Georgia · 1975
  3. Hines v. StateSupreme Court of Georgia · 1982
  4. Gunter v. StateSupreme Court of Georgia · 1979
  5. Depree v. StateSupreme Court of Georgia · 1980

3 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Castell v. StateSupreme Court of Georgia · 1983
  2. Boatright v. StateCourt of Appeals of Georgia · 1989
  3. Satterfield v. StateSupreme Court of Georgia · 1987
  4. Jordan v. StateSupreme Court of Georgia · 1997
  5. Graham v. StateCourt of Appeals of Georgia · 1984

24 more not listed; retrieve them via the Exa API.

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