Kennedy v. State

Smith, Judge.

William Kennedy, Jr. was convicted of burglarizing the home of his mother-in-law and estranged wife. In Kennedy v. State, 215 Ga. App. 232 (450 SE2d 252) (1994), this Court felt constrained to reverse the conviction based upon the Supreme Court’s holding in Mitchell v. State, 263 Ga. 129, 130-131 (3) (429 SE2d 517) (1993), but suggested that Mitchell should be clarified or corrected. 215 Ga. App. at 233-234. Mitchell’s holding on the issue of authority to enter the home of an estranged spouse was disapproved by the Supreme Court of Georgia, and this Court’s decision was reversed…