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Cox v. State

The trial court was not required to strike a prospective juror who acknowledged that he might "lean" towards the state because of a friendship with individuals engaged in prosecutorial activities in another county, since the juror's responses on voir dire showed that he had not formed a fixed opinion of the defendants' guilt or innocence.

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In 2000, the Fulton County Grand Jury indicted Jeffery Cox, his brother Edward Kellogg and Eric Parker for numerous offenses, including malice murder of James Sheridan and possession of a firearm during the commission of that felony. In 2001, only Cox and Parker were tried jointly, because Kellogg could not be located although he was the subject of a Ten Most Wanted Bulletin issued by the Atlanta Police Department. The proceeding against Cox and Parker ended in a mistrial when the jury was unable to reach a verdict. About the time that Cox’s and Parker’s trial was ending, Kellogg was arrested in Tennessee on an outstanding warrant for his arrest in connection with the murder of Mr. Sheridan. He was extradited to Georgia in early 2002. Thereafter, Kellogg’s defense counsel filed several pre-trial motions, which the trial court denied as untimely. At Cox’s and Parker’s ensuing retrial, Kellogg was a co-defendant. The jury again could not reach a verdict as to Parker, but it returned guilty verdicts as to Cox and Kellogg on the murder and possession of a firearm counts. The trial court entered judgments of conviction on the guilty verdicts, and imposed life sentences for murder and concurrent five-year terms for the weapons offense. Cox and Kellogg filed separate motions for new trial, which the trial court denied. They then filed separate notices of appeal, initiating companion cases which are hereby consolidated for disposition in this single opinion.1

S05A0033

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