Keller v. State

6 Citing cases

  1. Hill v. State

    291 Ga. 160 (Ga. 2012)   Cited 53 times
    Finding a defendant must show both that counsel's performance was professionally deficient and that but for counsel's unprofessional conduct, there was a reasonable probability – amounting to a substantial, not merely conceivable, likelihood – of a different outcome at trial

    [Cits.]” Keller v. State, 261 Ga.App. 769, 770(2), 583 S.E.2d 591 (2003). See also Benton v. State, supra at 736–737, 649 S.E.2d 793. Thus, Hill's objection that the State did not move for correction of the record and properly comply with the procedural requirements of OCGA § 5–6–41(f) is without merit.

  2. Spencer v. State

    281 Ga. 533 (Ga. 2007)   Cited 13 times
    Holding that jeopardy did not attach in trial before unsworn jury, and defendant could be tried for all the same charges in the new trial, including those for which he was acquitted by the unsworn jury

    Grant v. State, 272 Ga. 213 ( 528 SE2d 512) (2000), citing Slaughter v. State, 100 Ga. 323 ( 28 SE 159) (1897). See also Keller v. State, 261 Ga. App. 769 ( 583 SE2d 591) (2003). Spencer agrees that any such conviction is a nullity; however, he argues that an acquittal determined by the same unsworn body is valid and binding because of the constitutional and statutory prohibitions against double jeopardy.

  3. State v. Bowman

    361 Ga. App. 465 (Ga. Ct. App. 2021)   Cited 2 times

    (punctuation omitted)); Keller v. State , 261 Ga. App. 769, 770 (2), 583 S.E.2d 591 (2003) ("A conviction by an unsworn jury is a mere nullity."

  4. Keller v. State

    608 S.E.2d 697 (Ga. Ct. App. 2004)   Cited 6 times

    Finding no merit to Keller's claims, we affirm his conviction. Keller v. State, 261 Ga. App. 769 ( 583 SE2d 591) (2003); Keller v. State, 252 Ga. App. 813 ( 558 SE2d 5) (2001); Keller v. State, 247 Ga. App. 599 ( 544 SE2d 511) (2001); Keller v. State, 242 Ga. App. 150 ( 529 SE2d 167) (2000). See also Keller v. State, 275 Ga. 680 ( 571 SE2d 806) (2002).

  5. Harris v. State

    173 Md. App. 71 (Md. Ct. Spec. App. 2007)   Cited 5 times

    For example, in Ex parte Benford, 935 So.2d 421, 429-30 (Ala. 2006), the Alabama Supreme Court observed that the complete failure to administer the two oaths that are required for juries in that state is a jurisdictional defect which renders the jury's verdict a nullity. Accord, e.g., State v. Frazier, 339 Mo. 966, 98 S.W.2d 707, 715 (1936); State v. Bainter, 2006 WL 1527131, *2 (Mo.App.E.D. Jun.6, 2006) (jury does not exist until sworn); rev'd on other grounds sub now., State v. Davis, 211 S.W.3d 86 (Mo. 2006);Keller v. State, 261 Ga.App. 769, 583 S.E.2d 591, 593 (2003). See generally State v. Vogh, 179 Or.App. 585, 41 P.3d 421, 425-26 n. 6 (2002) (citing cases).

  6. State v. Bainter

    No. ED 86381 (Mo. Ct. App. Jun. 6, 2006)   Cited 1 times

    Other jurisdictions also take the position that swearing the jury is not a relic or a legal formalism. For example, in Georgia a verdict by an unsworn jury in a criminal case is a mere nullity. Keller v. State, 583 S.E.2d 591, 593 (Ga.App. 2003). In that state "`[a] criminal defendant may not waive the trial court's complete failure to administer an oath to the jury.'"Id.