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SMITH v. STATE

No. S14A0586.

757 S.E.2d 865 (2014)

295 Ga. 120

SMITH v. The STATE.

Supreme Court of Georgia.

April 22, 2014.

Attorney(s) appearing for the Case

Nicholas Earl White , Office of the Public Defender, Houston Judicial Circuit, Perry, for appellant.

Patricia B. Attaway Burton , Dep. Atty. Gen., Paula Khristian Smith , Senior Asst. Atty. Gen., Samuel S. Olens , Atty. Gen., Clint Christopher Malcolm , Asst. Atty. Gen., Marie R. Banks , Asst. Dist. Atty., George Herbert Hartwig, III , Dist. Atty., Houston County District Attorney's, Perry, for appellee.

BLACKWELL, Justice.

Not quite eight years ago, this Court held in Zigan v. State, 281 Ga. 415, 638 S.E.2d 322 (2006), that the State may insist that an accused be tried by a jury, even when the accused would prefer to be tried by a judge. Today, Ebony Passion Smith asks us to reconsider Zigan, urging that it was decided incorrectly and ought to be overruled. Smith was tried by a Houston...

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