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O'KELLEY v. STATE

No. S04A1227.

604 S.E.2d 509 (2004)

278 Ga. 564

O'KELLEY v. The STATE.

Supreme Court of Georgia.

October 25, 2004.

Attorney(s) appearing for the Case

Weiner, Shearouse, Weitz, Greenberg & Shawe, Michael L. Edwards, Zipperer, Lorberbaum &Beauvais, Steven L. Beauvais, Daly, Bowen & Calhoun, Brian L. Daly, Savannah, for appellant.

Spencer Lawton, Jr., District Attorney, David T. Lock, Assistant District Attorney, for appellee.

HUNSTEIN, Justice.

This Court granted interim review in the pending death penalty prosecution of Dorian Frank O'Kelley and directed the parties to address the following question:

Whether appellant's indicating, at an initial appearance before a magistrate judge, his desire to have an attorney represent him renders his subsequent statement to an interrogator inadmissible at trial.

For the reasons set forth below, we answer this question in the affirmative...

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