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Nel v. State

Because defendant had no substantive right to have his case tried by a specific prosecutor, he was not entitled to notice of the solicitor general's disqualification based on a conflict of interest.

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A Forsyth County jury found Jan G. Nel guilty as charged of a single count of misdemeanor cruelty to animals, which charge arose when, at approximately 10:30 p.m. on October 16, 1999, Nel suspected that a group of teenage boys were raccoon hunting on his property with their dogs; he went into the woods in search of them with a 223 Thompson Contender pistol, saw a hunting dog running past, followed the dog into the woods, and shot it. Now, on appeal, Nel raises thirty enumerations of error that he contends require reversal of the jury’s verdict. Upon review, we find Nel’s contentions meritless and affirm his conviction.

1. Attorney James E. Hardy, II, was specially appointed as a solicitor to try this case on behalf of the State because the Solicitor General of Forsyth County “SG” had a conflict of interest that prevented her participation. In his first and second enumerations of error, Nel contends that such appointment rendered the jury’s verdict null and void because: a the SG’s conflict of interest was not disclosed to him, and thus the trial court failed to hold a hearing on the SG’s disqualification, and b attorney Hardy did not qualify for appointment because he practices criminal defense law in the State Court of Forsyth County in violation of OCGA § 15-18-63 c.

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