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JOHNSON v. STATE

S22A0964.

885 S.E.2d 725 (2023)

JOHNSON v. The STATE.

Supreme Court of Georgia.

Decided: March 15, 2023.

Attorney(s) appearing for the Case

Lucy Dodd Roth , Lydia Martell Schlitt , Augusta Circuit Office of the Public Defender, 902 Greene Street, Augusta, Georgia 30901, for Appellant.

Jill Anderson Travis , Mazie Lynn Guertin , Georgia Association of Criminal Defense Lawyers, 215 Church Street, Suite 111, Decatur, Georgia 30030, Brandon A. Bullard , The Bullard Firm, LLC, 1827 Powers Ferry Road SE, Building 11, Suite 250, Atlanta, Georgia 30339, Greg Allen Willis , Willis Law Firm, 6000 Lake Forrest Drive, Suite 375, Atlanta, Georgia 30328, Jason B. Sheffield , Peters, Rubin, Sheffield & Hodges, 2786 N. Decatur Road, Suite 245, Decatur, Georgia 30033, Kenneth Wayne Sheppard , 2182 Jane Court, Smyrna, Georgia 30080, Natalie Katherine Glaser , General Counsel, Georgia Public Defender Council Appellate Division, 104 Marietta Street, NW, Suite 400, Atlanta, Georgia 30303, Peter J. Skandalakis , Robert Wright Smith, Jr. , Prosecuting Attorneys' Council of Georgia, 1590 Adamson Parkway, 4th Floor, Morrow, Georgia 30260, Ross Warren Bergethon , Deputy Solicitor-General, Stephen John Petrany , Solicitor-General, Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Christopher M. Carr , Attorney General, Department of Law, 40 Capitol Square, SW, Atlanta, Georgia 30334, Drew F. Waldbeser , Lehotsky Keller LLP, 3820 Peachtree Road NE, Atlanta, Georgia 30305, for Neutral Amicus.

Joshua Bradley Smith , A.D.A., Jared Tolton Williams , District Attorney, Augusta Judicial Circuit District Attorney's Office, 735 James Brown Boulevard, Suite 2400, Augusta, Georgia 30901, for Appellee.

Over the past two decades, this Court has applied an absolute rule that anything filed by a criminal defendant on his or her own while still represented by counsel is a "legal nullity." In this case, we asked the parties and amici whether that rule is correct. In other words, is a pro se filing made by a defendant who is actually...

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