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BURLEY v. STATE

S23A0322.

888 S.E.2d 507 (2023)

BURLEY v. The STATE.

Supreme Court of Georgia.

Decided: May 31, 2023.

Attorney(s) appearing for the Case

Brian Steel , The Steel Law Firm, P.C., 1800 Peachtree Street, N.W., Suite 300, Atlanta, Georgia 30309, for Appellant.

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, S.W., Atlanta, Georgia 30334, Joseph Kenneth Mulholland , District Attorney, Banks Thomas Smith, Sr. , A.D.A., Moruf O. Oseni , A.D.A., South Georgia Judicial Circuit District Attorney's Office, P.O. Box 1870, Bainbridge, Georgia 39818, Alex Martin Bernick , Fulton County District Attorney's Office, 136 Pryor Street SW, Third Floor, Atlanta, Georgia 30303, for Appellee.

A Calhoun County jury found Undrea Burley guilty of felony murder in connection with the beating death of Joshua Brooks.1 Burley contends the trial court committed plain error by failing to instruct the jury sua sponte on the elements of malice murder because...

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