Garland v. State

Clarke, Chief Justice.

Joseph Larry Garland was convicted of kidnapping and committing numerous sex offenses against his five-year-old niece. He appealed to the Court of Appeals which issued an opinion in which the judges were divided 4-4 on the issue of whether the trial court erred in refusing to excuse a juror for cause. One judge was disqualified. On motion for reconsideration, the Court of Appeals vacated the opinion and transferred the case to this court pursuant to Art. VI, Sec. V, Par. V of the 1983 Georgia Constitution. This portion of the Constitution provides that, “[i]n the event…