Legal Opinion · Dissent

State v. Marlowe

Supreme Court of Georgia

Decided November 17, 2003No. S03G0351, S03G0564Published

1DissentHines, Justice

I must respectfully dissent because today a majority of the Justices of this Court issues an opinion which contravenes the expressed intent of the Georgia General Assembly, and which is a radical departure from current Georgia law and traditional notions of statutory and constitutional double jeopardy. We granted certiorari to the Court of Appeals in these cases to consider the not uncommon situation in which a defendant is charged with and found guilty of multiple counts of possession of a weapon during the commission of a crime and the same weapon is used against the same victim in the…

2Cases cited10 opinions

  1. Bell v. United StatesSupreme Court of the United States · 1955
  2. Montes v. StateSupreme Court of Georgia · 1992
  3. Busch v. StateSupreme Court of Georgia · 1999
  4. Wiley v. StateSupreme Court of Georgia · 1982
  5. Mitchell v. StateSupreme Court of Georgia · 2002

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