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BROWN v. STATE

No. S90P1325.

401 S.E.2d 492 (1991)

261 Ga. 66

BROWN v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied March 27, 1991.

Attorney(s) appearing for the Case

Thomas P. Lenzer, Robert W. Lenzer, Lenzer & Lenzer, Norcross, Larry L. Duttweiler, Lawrenceville, for Brown.

Thomas C. Lawler, III, Dist. Atty., Daniel J. Porter, Asst. Dist. Atty., Gwinnett County Judicial & Adm. Center, Lawrenceville, Michael J. Bowers, Atty. Gen., Atlanta, Debra K. Turner, Asst. Dist. Atty., Lawrenceville, Andrew S. Ree, Atty., Dept. of Law, Atlanta, for the State.

Patsy Morris, Atlanta, Joseph L. Chambers, Sr., Pros. Attorneys' Council, Smyrna, for James Brown.

WELTNER, Justice.

This is a death penalty case. The crime occurred in 1975. The appellant, James Willie Brown, was found incompetent to stand trial until 1981, when he was tried, convicted and sentenced to death for the murder of Brenda Watson. We affirmed, holding, inter alia, that Brown had failed to prove by a preponderance of the evidence that he was insane at the time of the crime. Brown v. State, 250 Ga. 66, 71-72,

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