Legal Opinion · Dissent

Ealey v. State

Court of Appeals of Georgia

Decided July 14, 2011No. A11A0050Published

1DissentAndrews, Judge

This record shows that the trial court offered Ealey a sentence of ten years to serve, a fine, and a supersedeas bond if he waived his right to a jury trial. But this record also shows, beyond any dispute, that the trial court never threatened Ealey with a heavier sentence if he proceeded to a jury trial. On the contrary, the trial court said only that if a jury found him guilty, the trial court “[could] take into consideration other factors” and that “the maximum you could get could be ... 41 years.” After an extensive discussion, Ealey agreed to a bench trial, and the trial court proceeded…

2Cases cited3 opinions

  1. Works v. StateCourt of Appeals of Georgia · 2009
  2. Pride v. KempSupreme Court of Georgia · 2011
  3. Johnson v. StateCourt of Appeals of Georgia · 2009

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