Legal Opinion

Gardner v. State

Court of Appeals of Georgia

Decided November 20, 1984No. 68879PublishedCited by 8 opinions

1Opinion of the Court

Benham, Judge.

Appellant and his brother were tried jointly for armed robbery and were convicted.

1. Appellant’s first three enumerations of error concern alleged Brady violations (Brady v. Maryland, 373 U. S. 83 (83 SC 1194, 10 LE2d 215) (1963)). Specifically, appellant asserts that the State wrongfully withheld information that eyewitnesses had failed to identify appellant in a photographic lineup which contained appellant’s photograph. We find no such violation.

This is not a case in which material exculpatory of appellant was suppressed until after the trial. Instead, appellant’s counsel was…

2Cases cited16 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Castell v. StateSupreme Court of Georgia · 1983
  4. Kilgore v. StateSupreme Court of Georgia · 1983
  5. State v. GrahamSupreme Court of Georgia · 1980

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

3Cited by8 opinions

  1. McSears v. StateCourt of Appeals of Georgia · 1997
  2. Williams v. StateCourt of Appeals of Georgia · 1991
  3. Woodard v. StateCourt of Appeals of Georgia · 1985
  4. Johnson v. StateCourt of Appeals of Georgia · 1985
  5. State v. NesbittCourt of Appeals of Georgia · 2010

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

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