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O'DONNELL v. SMITH

No. S13A0783.

751 S.E.2d 324 (2013)

O'DONNELL v. SMITH.

Supreme Court of Georgia.

November 18, 2013.

Attorney(s) appearing for the Case

Rodney Samuel Zell , Zell & Zell, P.C., Atlanta, for appellee.

Samuel S. Olens , Atty. Gen., Patricia B. Attaway Burton , Deputy Atty. Gen., Paula Khristian Smith , Sr. Asst. Atty. Gen., Jason Charles Fisher, Asst. Atty. Gen., Department of Law, for appellant.

BENHAM, Justice.

The Warden seeks review of the grant of habeas relief to appellee Ryan Allen Smith. The record shows appellee was convicted of malice murder and sentenced to life in prison in 2002.1 This Court affirmed appellee's conviction in Smith v. Georgia, 277 Ga. 213, 586 S.E.2d 639 (2003), cert. denied, 541 U.S. 1032, 124 S.Ct. 2101, 158 L.Ed.2d 715 (2004). Appellee subsequently...

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