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NICELY v. STATE

No. S12A0876.

733 S.E.2d 715 (2012)

291 Ga. 788

NICELY v. The STATE.

Supreme Court of Georgia.

October 29, 2012.

Attorney(s) appearing for the Case

Adam Sean Levin, Atlanta, for appellant.

Lee Darragh, Dist. Atty., Office of the District Attorney, Paula Khristian Smith, Sr. Asst. Atty. Gen., Samuel S. Olens, Atty. Gen., Jason Charles Fisher, Asst. Atty. Gen., Department of Law, Wanda Lynn Vance, Asst. Dist. Atty., for appellee.

BLACKWELL, Justice.

Billy D. Nicely was tried by a Hall County jury and convicted of the murder of Tayore Wright, a one-year-old girl. On appeal, Nicely contends that his father was denied equal protection when the father was excluded from portions of the trial pursuant to the rule of witness sequestration, OCGA § 24-9-61, while the mother of Tayore was permitted to attend the trial pursuant to a statutory exemption to the rule of sequestration contained in the...

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