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ZIGAN v. STATE

No. S06A1415.

638 S.E.2d 322 (2006)

ZIGAN et al. v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied December 15, 2006.

Attorney(s) appearing for the Case

George P. Donaldson III, Misty Garrett Haskins, Perry & Walters, LLP, Albany, John Randall Hicks, Valdosta, for Appellant.

Joseph Kenneth Mulholland, Dist. Atty., Bainbridge, Marc A. Mallon, Asst. Dist. Atty., Atlanta, Marion T. Pope, Jr., Hasty, Pope & Ball, LLP, Canton, for Appellee.

Joseph Frasher Burford, Prosecuting Attorney's Council of Georgia, Atlanta, Amicus Appellee.

BENHAM, Justice.

This appeal addresses the question whether a criminal defendant may waive a jury trial and, over objection from the State, successfully demand a bench trial. Charged with involuntary manslaughter, appellant Frederick David Zigan waived jury trial and appellant James Paul Freeman initially sought a change of venue, then withdrew that motion and waived jury trial. Upon objection by the State to appellants' motion for a bench trial, the trial court denied...

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