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STATE v. CLARK

Nos. A05A0958, A05A1199.

615 S.E.2d 143 (2005)

273 Ga. App. 411

The STATE v. CLARK (Two Cases).

Court of Appeals of Georgia.

Reconsideration Denied May 24, 2005.

Attorney(s) appearing for the Case

Patrick H. Head, District Attorney, W. Thomas Weathers III, Amy H. McChesney, Assistant District Attorneys, for appellant.

Aimee R. Maxwell, Atlanta, Christopher J. McFadden, Decatur, for appellee.

PHIPPS, Judge.

The state appeals from the trial court's order granting Robert Clark's post-conviction motion under OCGA § 5-5-41(c)(13) for DNA testing. In Case No. A05A1199, the state filed a direct appeal of the trial court's order. This court subsequently granted the state's motion for an emergency stay and application for a discretionary appeal (Case No. A05A0958). In the order granting the discretionary appeal, we instructed the parties to address the issue...

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