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STEWART v. MILLIKEN

No. S04A0083.

593 S.E.2d 344 (2003)

277 Ga. 659

STEWART v. MILLIKEN.

Supreme Court of Georgia.

Reconsideration Denied March 19, 2004.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Paula K. Smith, Senior Asst. Atty. Gen., Jason C. Fisher, Asst. Atty. Gen., for appellant.

Thomas M. West, Atlanta, for appellee.

HUNSTEIN, Justice.

In September 2001, the habeas corpus court found that Leonard Scott Milliken received ineffective assistance of appellate counsel at his trial and ordered that Milliken be given a new appeal. The State did not file an appeal from this ruling, see OCGA § 9-14-52(c), nor did it file a cross appeal after we granted Milliken a certificate of probable cause to appeal in order to consider the propriety of the relief ordered by the habeas corpus court...

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