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STATE v. MARTIN

No. S04A1132

603 S.E.2d 249 (2004)

278 Ga. 418

The STATE v. MARTIN.

Supreme Court of Georgia.

September 27, 2004

Attorney(s) appearing for the Case

Paul L. Howard, Jr., Dist. Atty., Marc A. Mallon, Asst. Dist. Atty., Marion T. Pope, Jr., Hasty, Pope & Ball, for Appellant.

Holly Lynn Geerdes, Multi-County Public Defender, Thomas M. West, Robert H. Citronberg, James C. Bonner Jr., for Appellee.

Hon. Thurbert E. Baker, Atty. Gen., Susan V. Boleyn, Senior Asst. Atty. Gen., other party representation.

Patrick H. Head, Dist. Atty., Dana J. Norman, Asst. Dist. Atty., amicus appellant.

Carl P. Greenberg, Atlanta, amicus appellee.

BENHAM, Justice.

This case is an interim review that was initiated by the State in a pending death penalty case. This Court, upon considering the State's application for interim review and Martin's motion to dismiss for want of jurisdiction, provisionally granted the application and ordered the parties to address the following question:

Whether this Court has jurisdiction to consider the State's argument that the State's motion to recuse was improperly denied...

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