Hain v. State

LUMPKIN, Presiding Judge:

concurring in part/dissenting in part.

I concur in this Court’s determination the convictions for murder, kidnapping, arson and larceny of an automobile should be affirmed; and the convictions for robbery with firearms should be reversed. I dissent to the Court’s determination the case should be remanded for resentencing, using the life-without-parole option.

This Court in its holding cites “principals [sic] of fundamental fairness” in reversing for a new second-stage trial. Ante at 753. This puts me in a quandary, for how does one dissent to principles of fundamental…