Legal Opinion · Concurrence

Allaben v. State

Supreme Court of Georgia

Decided November 25, 2013No. S13A0949Published

1ConcurrenceNahmias, Justice

I join the Court’s opinion in full, because it fairly applies our current doctrine on mutually exclusive verdicts as enunciated in Jackson v. State, 276 Ga. 408, 409-413 (577 SE2d 570) (2003), and followed in subsequent cases including our recent decision — which I authored — in Walker v. State, 293 Ga. 709, 711-717 (749 SE2d 663) (2013). However, having studied this doctrine further in light of the facts and arguments presented in Walker and in this case, I have developed significant doubts about Jackson and whether the Court should adhere to that precedent in future cases as a matter of…

2Cases cited12 opinions

  1. State v. StonakerSupreme Court of Georgia · 1976
  2. Jackson v. StateSupreme Court of Georgia · 2003
  3. Bowers v. StateCourt of Appeals of Georgia · 1985
  4. Parker v. StateSupreme Court of Georgia · 1998
  5. State v. HudsonSupreme Court of Georgia · 2013

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