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STATE v. MIZELL

No. S10A2064.

705 S.E.2d 154 (2011)

The STATE v. MIZELL.

Supreme Court of Georgia.

January 24, 2011.

Attorney(s) appearing for the Case

Paul L. Howard, Jr. , District Attorney, Bettieanne C. Hart , Paige R. Whitaker , Elizabeth A. Baker , Asst. Dist. Atty., Thurbert E. Baker , Attorney General, Paula K. Smith , Senior Assistant Attorney General, for appellant.

John W. Kraus , Atlanta, for appellee.

NAHMIAS, Justice.

Willie Mizell was convicted of malice murder and other crimes in May 2005. Almost five years later, the trial court granted Mizell a new trial. Several months after that, the trial court granted Mizell's motion to dismiss his indictment, ruling that the State had violated his due process rights by acting in bad faith in failing to preserve apparently exculpatory evidence. The State appeals from that order, and we reverse.

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