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FORTSON v. STATE

No. S03A1169.

587 S.E.2d 39 (2003)

277 Ga. 164

FORTSON v. The STATE.

Supreme Court of Georgia.

October 6, 2003.

Attorney(s) appearing for the Case

Cook, Noell, Bates & Michael, Edward D. Tolley, Ronald E. Houser, Athens, for appellant.

Robert W. Lavender, Dist. Atty., Thurbert E. Baker, Atty. Gen., Jason C. Fisher, Asst. Atty. Gen., for appellee.

FLETCHER, Chief Justice.

A jury in Madison County convicted Tracy Lea Fortson of malice murder and related crimes for the killing of Douglas Benton.1 Because we find that Fortson was denied the effective assistance of counsel when her attorney unnecessarily used a peremptory strike on a juror that had already been excused for cause by the trial court, we reverse and remand for a new trial.

1. The evidence presented at trial shows...

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