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Gillespie v. State

The defendants had a constitutional right to be present at bench conferences during jury selection at which several potential jurors were discussed and excused and one potential juror was questioned and discussed.

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Larry Daymond “Mon” Gillespie and Legregory Collins, along with other co-defendants, were indicted for armed robbery, aggravated assault, and aggravated battery. Following a jury trial, Gillespie was convicted on August 9, 2011, of armed robbery and aggravated assault. He was acquitted of aggravated battery. Collins was convicted of armed robbery, aggravated assault, and aggravated battery. Both men moved for new trials , and the trial court granted those motions, in part, as to sentencing issues. Collins and Gillespie now appeal from the partial denial of their motions for new trial.

In Case No. A15A0146, Gillespie contends that the trial court erred in allowing the State to introduce evidence of the circumstances of his arrest, in denying his motion for mistrial, and in admitting his booking photograph over objection. He also argues that his constitutional rights were violated because he was not present at bench conferences during jury selection. In Case No. A15A0149, Collins mirrors Gillespie’s enumerations as to the admission of his booking photo and his absence from bench conferences during voir dire. The two appeals are consolidated for our review. For the reasons that follow, we vacate and remand as to Gillespie in Case No. A15A0146, and we reverse and remand for a new trial as to Collins in Case No. A15A0149.

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