A Towns County jury found Edward Osborn guilty of two counts of aggravated assault, two counts of making false statements, and one count each of possession of a firearm during the commission of a felony, violation of oath by a public officer, and tampering with evidence. He appeals from the convictions and the denial of his motion for new trial, contending that the trial court erred by conducting a portion of voir dire in a church and by finding that he did not receive ineffective assistance of trial counsel. For the reasons that follow, we reverse and remand the case for a new trial. 1. Osborn contends that the trial court erred by holding a critical stage of his trial voir dire1 in a church, over his objection and without the permission of the proper governing authority, in violation of OCGA § 15-6-18. The state contends that Osborn waived this argument because he did not make this specific objection at trial. We hold that the issue was preserved for review on appeal and provides grounds for reversal.
As to those counties that fall within its population limits,2 OCGA § 15-6-18 c 1 pertinently provides: if for any cause it shall or may be impractical to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor . . . it shall be lawful to hold court and any session or sitting thereof at such place or places as the governing authority of the county in and for which the court is to be held may from time to time, by appropriate resolution, provide for such purpose, provided that no session or sitting of any superior court or state court may be held under this subsection at any place that is not open to and accessible by the public; provided, further, that no criminal jury trial shall be conducted in such alternate or additional facility without the consent of the accused. 3 The record shows that jury selection began in the courtroom, then, apparently due to a bomb threat, was moved to a church. Osborn objected to the relocation, arguing that it violated the constitutional requirement of separation of church and state. The trial court overruled the objection, and part of voir dire was conducted in the church.
