Paul v. the State

Full title: PAUL v. THE STATE

Court: Court of Appeals of Georgia

Date published: Nov 22, 2000

544 S.E.2d 164 (Ga. Ct. App. 2000)

544 S.E.2d 164

Opinion

A99A2502.

Decided: November 22, 2000.

Aggravated assault, etc. Richmond Superior Court. Before Judge Fleming.

Mark J. Kadish, for appellant.

Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, for appellee.

MIKELL, Judge.

In Paul v. State, 240 Ga. App. 699 ( 524 S.E.2d 549) (1999), we affirmed Larry Marion Paul's conviction of aggravated assault with a deadly weapon and possession of a knife during the commission of certain crimes. On certiorari, the Supreme Court reversed Paul's conviction and granted him a new trial, holding that the trial judge expressed an opinion of Paul's guilt in violation of OCGA § 17-8-57. Paul v. State, Case No. S00G0417 (decided October 2, 2000.) The Supreme Court held that even though Paul waived the error because he failed to object or move for a mistrial, the plain error rule applied, and the trial judge's OCGA § 17-8-57 violation seriously affected the fairness of the trial. Accordingly, our prior opinion is vacated, and the judgment of the Supreme Court is made the judgment of this court.

Judgment reversed. Johnson, C. J., and Phipps J., concur.

DECIDED NOVEMBER 22, 2000.