Eleby v. State

3 Citing cases

  1. Mitchell v. State

    No. S24A1181 (Ga. Jan. 28, 2025)

    We review a trial court's ruling whether to suppress identification evidence for an abuse of discretion. Eleby v. State, 319 Ga. 234, 245 (5) (c) (903 S.E.2d 64) (2024).

  2. Taylor v. State

    No. A24A1486 (Ga. Ct. App. Jan. 23, 2025)

    (Citation and punctuation omitted.) Eleby v. State, 319 Ga. 234, 248 (7) (903 S.E.2d 64) (2024). "Whether offenses merge is a legal question, which we review de novo."

  3. Kelley v. State

    907 S.E.2d 217 (Ga. Ct. App. 2024)

    See Waits v. State, 282 Ga. 1, 4 (2), 644 S.E.2d 127 (2007) ("The rule prohibiting more than one conviction if one crime is included in the other does not apply unless ‘the same conduct’ of the accused establishes the commission of multiple crimes."), overruled on other grounds by State v. Lane, 308 Ga. 10, 23, 838 S.E.2d 808 (2020). See also Eleby v. State, 319 Ga. 234, 248 (7), 903 S.E.2d 64 (2024) (holding that aggravated assault did not merge with armed robbery because they were two separate acts, i.e., the aggravated assault was completed before the armed robbery).See generally Jackson v. State, 318 Ga. 393, 411 (5), 897 S.E.2d 785 (2024) ("One crime is completed before the other where the crimes were separated by a ‘deliberate interval.’ ")