Pope v. State

Hunt, Justice.

Pope was convicted of murder and several other crimes arising out of an armed robbery of a Haralson County drugstore, and was sentenced to death. On direct appeal to this court, the death sentence was vacated for error relating to the death-qualification of the jury, and the case was remanded for a hearing to determine when “the defendant or his attorneys knew of a possible basis for recusal” of the trial judge, which was raised for the first time on appeal. Pope v. State, 256 Ga. 195, 214 (26) (345 SE2d 831) (1986).

The basis for recusal stemmed from the discovery by the defense…