Legal Opinion

Herndon v. State

Court of Appeals of Georgia

Decided November 18, 1997No. A97A2247PublishedCited by 20 opinions

1Opinion of the Court

Birdsong, Presiding Judge.

Joseph Andre Herndon appeals his conviction of criminal attempt to commit armed robbery, aggravated assault, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. He enumerates 12 errors. Held:

1. The trial court never ruled whether appellant was denied his right to counsel, at a critical stage of the criminal process, that is, at arraignment. This enumerated constitutional error, as crafted, is not preserved on appeal. Whatley v. State, 196 Ga. App. 73, 75 (1) (395 SE2d 582). Further, the trial court ruled that…

2Cases cited27 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Williams v. StateSupreme Court of Georgia · 1991
  3. Grant v. StateCourt of Appeals of Georgia · 1990
  4. Burgeson v. StateSupreme Court of Georgia · 1996
  5. Holcomb v. StateSupreme Court of Georgia · 1997

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

3Cited by20 opinions

  1. Felix v. StateSupreme Court of Georgia · 1999
  2. Howard v. StateCourt of Appeals of Georgia · 1998
  3. Gomillion v. StateCourt of Appeals of Georgia · 1999
  4. Davitt v. StateCourt of Appeals of Georgia · 1998
  5. Davis v. StateCourt of Appeals of Georgia · 1999

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

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