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BAILEY v. STATE

No. S06A0910.

635 S.E.2d 137 (2006)

BAILEY v. The STATE.

Supreme Court of Georgia.

September 18, 2006.

Attorney(s) appearing for the Case

Mitchell D. Durham, Justin James Wyatt, Marietta, for Appellant.

Thurbert E. Baker, Atty. Gen., Patrick H. Head, Dist. Atty., Irvan Alan Pearlberg, Asst. Dist. Atty., Amy Hembree McChesney, Asst. Dist. Atty., for Appellee.

BENHAM, Justice.

Phillip Ray Bailey has been charged with malice murder, felony murder, burglary, armed robbery, and two counts of aggravated assault in connection with the death of Jess Sharp on September 30, 2002. The State has given notice of its intent to seek the death penalty. This Court granted Bailey's application for interim review and directed the parties to address whether the trial court erred in denying Bailey's motion to quash his current indictment...

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