272 Ga. 845 - Paul v. State

How this case has been cited

Cited by 76 later decisions — most recently May 2025 · most notably Ledford v. State (2011), Brooks v. State (2007)

76 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.

CARLEY, Justice,

¶1concurring.

¶2I agree generally with the majority opinion and with reversal of the conviction and remand of the case. With regard to Division 2, I believe that where, as here, defendant did not object or move for a mistrial, the cases cited by the majority hold that any violation of OCGA § 17-8-57 by the trial judge will not be considered on appeal. See Shepherd v. State, 203 Ga. 635 (47 SE2d 860) (1948); Simmons v. State, 181 Ga. 761 (184 SE 291) (1936). Thus, in the absence of the application of a “plain error” analysis, there would not be reversible error in this case. However, I agree with Division 3 wherein this Court now extends the plain error rule to all criminal cases in which there is alleged to be a violation of OCGA § 17-8-57.1 also agree with the majority’s determination that, upon application of the plain error rule in this case, the judgment of conviction must be reversed.