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Dixonv.The State (Two Cases)

CourtSupreme Court of Georgia
Docket No.S17A1475, S17A1476
DecidedDecember 11, 2017
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureJuror MisconductProsecutorial MisconductMergerSentencingAppellate ProcedureTales From the CryptMurder & Mayhem
Case Summary

Bernard Dixon and Arrick Camps were convicted of murder and related offenses after a planned robbery ended with the shooting death of Robert Carr. They challenged the prosecutor’s cross-examination of a defense witness and sought new trials based on alleged juror misconduct. The Supreme Court of Georgia held that the record did not show that the prosecutor introduced prejudicial matters outside the evidence or that the trial court abused its discretion in addressing the juror-related irregularities. The court also considered sentencing errors that were not raised by the parties. It explained that an appellate court may correct an illegal merger and sentence on its own initiative, particularly when the error could cause a defendant to serve more time than the law permits. But when an erroneous merger benefits the defendant and the State has not raised the issue, correction is appropriate only in exceptional circumstances. Finding none, the court declined to disturb the beneficial merger and affirmed both judgments.

Opinion

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