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Marsh v. State

The trial court did not abuse its discretion by not dismissing the jury pool for unlawful pre-trial misconduct since no juror responded affirmatively when the trial court examined the jurors to determine whether any pre-trial contact with the sheriff and district attorney would undermine their ability to be fair and impartial.

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A Hall County jury found Recondo Marsh guilty of armed robbery and aggravated assault. Marsh appeals his conviction, asserting that the trial court erred in denying his motion “to prevent unlawful contact” between prospective jurors and various state and county officials. Marsh also contends that the trial court erred in instructing the jury. We find no error and, thus, affirm.

Viewed in a light favorable to the jury’s verdict, the record shows that, on March 17, 1996, Ausencio Villanueva was robbed at gunpoint by a foursome, which included Marsh, William Waller, Stacey Nix, and Jamie Bell. After the four relieved Villanueva of $300, his watch, two gold chains, and a beeper, Marsh shot him in the chest.

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