Kennedy v. State

3 Citing cases

  1. Pittman v. State

    430 S.E.2d 141 (Ga. Ct. App. 1993)   Cited 21 times

    " (Citations and punctuation omitted.) Kennedy v. State, 177 Ga. App. 543, 544 (1) ( 340 S.E.2d 204) (1986); see also Acierno v. State, 176 Ga. App. 600, 601 (3) ( 337 S.E.2d 39) (1985). Assuming arguendo, that an actual conflict existed here, the record contains Pittman's waiver of any such conflict.

  2. Weeks v. State

    378 S.E.2d 895 (Ga. Ct. App. 1989)   Cited 13 times
    In Weeks, defense counsel had previously represented a witness in the case, but the attorney-client relationship between counsel and the witness ended at the conclusion of the witness’s case.

    Westbrook v. Zant, 704 F.2d 1487, 1499 (11th Cir. 1983) quoting Baty v. Balkcom, 661 F.2d 391, 395 (5th Cir. 1981), cert. denied, 456 U.S. 1011 (102 SC 2307, 73 L.Ed.2d 1308) (1982). See also Kennedy v. State, 177 Ga. App. 543 (1) ( 340 S.E.2d 204) (1986). Applying this standard to the case at bar, it is clear that counsel was not "actively representing conflicting interests."

  3. McKenzie v. State

    371 S.E.2d 869 (Ga. Ct. App. 1988)   Cited 32 times
    Affirming co-defendants' convictions for rape when victim had cervical abrasions consistent with forcible sex

    8. Each appellant contends it was error for the trial court to deny his motion to sever. Abuse of discretion amounting to a denial of due process must be shown before a trial court's decision on a motion to sever in a non-capital felony case will be overturned. Kennedy v. State, 177 Ga. App. 543 (2) ( 340 S.E.2d 204) (1986). Both defendants were charged in each count of the 35-count indictment.