Smith v. State
295 Ga. 120
| Ga. | 2014Background
- Smith was tried by jury in Houston Superior Court and convicted of malice murder and unlawful possession of a firearm during the commission of a felony.
- Smith urged reconsideration of Zigan v. State (2006) which held the State may insist on a jury trial over a defendant’s bench-trial demand.
- The trial court yielded to the State’s insistence on a jury trial under Zigan.
- Smith argued the trial court erred in denying her bench-trial demand; she did not challenge the sufficiency of the evidence.
- On appeal, the court noted Smith had omitted most trial transcripts, limiting review and reaffirmed Zigan’s rule.
- The Court affirmed the trial court’s judgment and adhered to Zigan, declining to overrule it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Zigan should be overruled or reconsidered | Smith seeks overrule of Zigan | State supports continuing Zigan | Zigan reaffirmed; no overruled; judgment affirmed |
Key Cases Cited
- Palmer v. State, 195 Ga. 661 (Georgia 1943) (accused cannot demand trial by judge as of right)
- Glass v. State, 250 Ga. 736 (Georgia 1983) (jury unanimity cannot be dispensed with without State consent)
- Zigan v. State, 281 Ga. 415 (Ga. 2006) (state may insist on jury trial; Patton reliance cited)
- Patton v. United States, 281 U.S. 276 (U.S. 1930) (waiver of jury unanimity and jury trial principles)
- Moragne v. State, 398 U.S. 375 (U.S. 1970) (importance of stare decisis weighing factors)
- State v. Jackson, 287 Ga. 646 (Georgia 2010) (stare decisis considerations in precedent)
- Etkind v. Suarez, 271 Ga. 352 (Georgia 1999) (stare decisis and reconsideration factors)