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Carter v. State

The trial court erred in refusing to strike for cause a prospective juror who stated that he would doubt a defendant's innocence if that defendant elected not to testify.

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After a jury trial in which they were tried as co-defendants, Antonio Carter and Demario Alford were each convicted of one count of armed robbery OCGA § 16-8-41.1 In Case No. A13A2328, Alford appeals from the denial of his motion for new trial, arguing that the evidence was insufficient to support his conviction, that the trial court erred in denying his motion for a mistrial, and that the trial court erred in allowing testimony identifying him in a surveillance video into evidence. In Case No. A13A1933, Carter appeals from the denial of his amended motion for new trial, arguing that the trial court erred in refusing to strike several jurors and in allowing testimony identifying him in a surveillance video into evidence. Carter also argues that he received ineffective assistance of counsel. For the reasons that follow, we affirm Alford’s conviction, reverse Carter’s conviction, and remand for a new trial for Carter.

Case No. A13A2328

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