¶1concurring specially.
¶2I concur in the judgment but not in all that is said in Division 9 of the opinion. Especially do I have reservations on the holding in Fleming v. State, 240 Ga. 142 (7) (1977).
240 Ga. 327
240 S.E.2d 833
Hawes v. State
Decided November 28, 1977
Supreme Court of Georgia · decided 1977-11-28
Relies on Fleming v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1977-11-28
How this case has been cited
Cited by 217 later decisions (12 by the Supreme Court) — most recently June 2009 · most notably Caldwell v. Mississippi (1985), Zant v. Stephens (1983)
26 federal appellate · 168 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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