DUKE v. STATE

S20A1522.

856 S.E.2d 250 (2021)

DUKE v. The STATE.

Supreme Court of Georgia.

Decided: March 15, 2021.


Attorney(s) appearing for the Case

Ashleigh Bartkus Merchant , John B. Merchant, III , The Merchant Law Firm, P.C., 701 Whitlock Avenue Suite J43, Marietta, Georgia 30064, John Sikes Gibbs, III , Troutman Sanders LLP, 600 Peachtree Street NE, Suite 3000, Atlanta, Georgia 30308, for Appellant.

Patrick Mulvaney , Southern Center for Human Rights, 83 Poplar Street, NW, Atlanta, Georgia 30303, for Amicus Appellant.

Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Christopher M. Carr , Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Clifford Paul Bowden , District Attorney, Jennifer Dawn Hart , A.D.A., Tifton Judicial Circuit District Attorney's Office, 225 North Tift Avenue, 3rd Floor, Tifton, Georgia 31794, Bradford Lee Rigby , District Attorney, Cordele Judicial Circuit District Attorney's Office, PO Box 5510, Cordele, Georgia 31010, for Appellee.

Robert Wright Smith, Jr. , Prosecuting Attorneys' Council of Georgia, 1590 Adamson Parkway, 4th Floor, Morrow, Georgia 30260, Shannon Glover Wallace , District Attorney, Cherokee County District Attorney's Office, 90 North Street, Suite 390, Canton, Georgia 30114, Kelly Jean Long Pridgen , Assistant General Counsel, Larry Wayne Ramsey, Jr. , Deputy General Counsel, G. Joseph Scheuer , Association County Commissioners of Georgia, 191 Peachtree, N.E., Suite 700, Atlanta, Georgia 30303, for Amicus Appellee.

Omotayo Bayonle Alli , Georgia Public Defender Council Appellate Division, 104 Marietta Street, Suite 400, Atlanta, Georgia 30303, for Other Party.


We granted interlocutory review in this case1 to decide whether the trial court erred in determining that an indigent defendant in a criminal case who is represented by private, pro bono counsel has neither a statutory right under the Indigent Defense Act of 2003, OCGA § 17-12-1 et seq. (...

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