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ROBERTS v. STATE

No. S04G0219.

604 S.E.2d 781 (2004)

278 Ga. 610

ROBERTS v. The STATE.

Supreme Court of Georgia.

November 8, 2004.

Attorney(s) appearing for the Case

Brian Steel, Atlanta, for appellant.

Paul L. Howard, Jr., Dist. Atty., Anna E. Green, Asst. Dist. Atty., for appellee.

BENHAM, Justice.

We granted James Earl Roberts' petition for a writ of certiorari to the Court of Appeals to determine whether the doctrine of judicial estoppel was applicable in criminal cases and, if it were, whether it could be successfully invoked against the State in this case. We conclude judicial estoppel is not applicable in criminal cases. Accordingly, we affirm the judgment of the Court of Appeals.

Roberts filed a direct appeal to the Court of Appeals...

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