Lawal v. State

Although I concur fully in Division 2, I cannot do so with respect to Division 1. I do not find the law of Georgia to be more expansive currently than is federal constitutional law, with respect to right to counsel in misdemeanor cases.

The majority cites Lowrance v. State, 183 Ga. App. 421 (1) (359 SE2d 196) (1987), as establishing that indigents in all misdemeanor cases are entitled to counsel. However, Lowrance is physical precedent only, because two members of the panel concurred in the judgment only.

Brawner v. State, 250 Ga. 125 (2) (296 SE2d 551) (1982), was decided two years after the…