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BRUCE v. SMITH

No. S01A0623.

553 S.E.2d 808 (2001)

274 Ga. 432

BRUCE v. SMITH.

Supreme Court of Georgia.

Reconsideration Denied November 5, 2001.

Attorney(s) appearing for the Case

Jackson & Schiavone, Steven L. Sparger, Savannah, for appellant.

Thurbert E. Baker, Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Wylencia H. Monroe, Asst. Atty. Gen., for appellee.

FLETCHER, Chief Justice.

We affirmed Richard Bruce's murder conviction on direct appeal, rejecting his argument that the trial court should have given his requested charge on the state's burden of proof on his affirmative defense.1 Nine years later, we expressly overruled that specific holding.2 Bruce then filed a petition for habeas corpus alleging that he was denied his constitutional right to due process...

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