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ESPOSITO v. STATE

S22D1240 S23A0104.

881 S.E.2d 686 (2022)

ESPOSITO v. The STATE.

Supreme Court of Georgia.

Decided: November 29, 2022.

Attorney(s) appearing for the Case

Marcia Adele Widder , Akiva Hibel Freidlin , Georgia Resource Center, 104 Marietta Street NW, Suite 260, Atlanta, Georgia 30303, for Appellant.

Patricia B. Attaway Burton , Deputy Attorney General, Sabrina Dawn Graham , Assistant Attorney General, Christopher M. Carr , Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta Georgia 30334-1300, Allison Thatcher Mauldin , A.D.A., Ocmulgee Judicial Circuit District Attorney's Office, 113 North Main Street, Suite 216, Greensboro Georgia 30642, Tuttle Wright Barksdale III , Ocmulgee Judicial Circuit District Attorney's Office, P.O. Box 1209, Gray Georgia 31032, for Appellee in S22D1240.

Tuttle Wright Barksdale, III , Ocmulgee Judicial Circuit District Attorney's Office, P.O. Box 1209, Gray, Georgia 31032, Allison Thatcher Mauldin , A.D.A., Ocmulgee Judicial Circuit District Attorney's Office, 113 North Main Street, Suite 216, Greensboro, Georgia 30642, Sabrina Dawn Graham , Assistant Attorney General, Christopher M. Carr , Attorney General, Paula Khristian Smith , Senior Assistant Attorney General Patricia B. Attaway Burton , Deputy Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334-1300, for Appellee in S23A0104.

This Court granted the application for discretionary appeal filed by John Anthony Esposito in this case because it appeared that "[t]he establishment of a precedent [wa]s desirable" on the issue of whether a trial court may refuse to follow a precedent of the Court of Appeals based solely on the trial court's disagreement with...

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