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Prickettv.The State

CourtSupreme Court of Georgia
Docket No.S22A0531
DecidedAugust 23, 2022
Reporter314 Ga. 435
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureSixth AmendmentDue ProcessVacaturRemand
Case Summary

Santron Prickett was convicted of felony murder and related offenses arising from the death of Antwan Curry. He challenged the trial court’s handling of his right to be present during bench conferences and raised related sentencing issues. The Supreme Court of Georgia held that the record did not support treating the defendant’s absence from critical conferences as a knowing acquiescence to counsel’s waiver of his presence. Because the trial court had not established a valid waiver of that fundamental right, the affected convictions and sentences could not remain in their existing form. The court affirmed in part, vacated in part, and remanded for resentencing and other proceedings consistent with the opinion.

Opinion

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