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247 Ga. App. 191

542 S.E.2d 564

Caldwell v. State

Court of Appeals of Georgia

Decided November 20, 2000

Court of Appeals of Georgia · decided 2000-11-20

Cited by 9 later decisions — most recently June 2008

9 state decisions

Relies on Paul v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-11-20

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Smith, Presiding Judge,

¶1concurring specially.

¶2I write specially because, although I agree with the conclusion of the majority and its affirmance of the judgment, I cannot agree with all that is said in the opinion.

¶3After the Supreme Court’s holding in Paul v. State, 272 Ga. 845 (537 SE2d 58) (2000), we must decide whether an alleged violation of OCGA § 17-8-57 was “plain error” and therefore no waiver occurred even if no objection was made. In this case, I cannot conclude that the judicial comment rose to the level illustrated by that in Paul, and I agree with the majority that the defense waived its right to complain on appeal when it did not renew its objection after the curative instruction.

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