276 Ga. 34 - Terrell v. State

How this case has been cited

Cited by 57 later decisions (2 by the Supreme Court) — most recently May 2023 · most notably State v. Hunt (2003), Humphreys v. State (2010)

5 federal appellate · 50 state decisions — followed in 13 states

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.

Benham, Justice,

¶1concurring specially.

¶2While I concur with all else in the majority opinion, I must take issue with the conclusion in Division 5 of that opinion holding that the decision in Apprendi v. New Jersey, 530 U. S. 466 (120 SC 2348, 147 LE2d 435) (2000), does not render unconstitutional the Georgia procedure of listing the statutory aggravators that support a death penalty through means other than the indictment. The absence of the statutory aggravators from the indictment was error. However, “Apprendi error is susceptible to harmless error analysis. [Cit.]” United States v. Matthews, 312 F3d 652, 665 (5th Cir. 2002). Under the circumstances of the present case, I conclude that the error was harmless. I concur, therefore, in the judgment of affirmance.