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BIRT v. STATE

43898.

256 Ga. 483 (1986)

350 S.E.2d 241

BIRT v. THE STATE.

Supreme Court of Georgia.

Decided November 25, 1986.

Attorney(s) appearing for the Case

Joseph M. Nursey, Millard C. Farmer, Jr., Carla J. Friend, for appellant.

Richard A. Malone, District Attorney, for appellee.

MARSHALL, Chief Justice.

The appellant, Billy Sunday Birt, appeared before the Superior Court of Jefferson County for resentencing in a case in which his death penalty had been reversed. See Birt v. Hopper, 245 Ga. 221 (265 S.E.2d 276) (1980), cert. den. 449 U.S. 855 (1980).

The defense filed a motion to recuse Judge Walter C. McMillan, the judge scheduled to preside in the matter....

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