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Stone v. State

The defendant was not entitled to have an out-of-state attorney conduct portions of his trial because he was already represented by a competent Georgia attorney.

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The appellant, David Stone, appeals from his convictions for felony murder, theft by taking a motor vehicle, and theft by taking.1 On appeal, he contends that the trial court erred in refusing to permit an attorney who was not a member of the Georgia bar to conduct portions of his trial. Finding no merit to this contention, we affirm Stone’s convictions.

Around lunchtime on December 24, 1990, Evelyn Motley and her son, James Motley, visited the victim, Ben Osborne, at his condominium. Ms. Motley testified that at that time, Osborne’s residence was relatively neat and that nothing was out of place. Around six p.m. on Christmas Day, Evelyn and James Motley went to Osborne’s residence to check on him after receiving word he was several hours late for his Christmas Day plans. Finding the door unlocked, the Motleys entered the residence, and found Osborne lying dead on the kitchen floor, with his billfold and credit cards lying nearby. The Motleys called the police, who conducted a search of Osborne’s condominium. In Osborne’s upstairs bedroom, the police found a gun holster lying on Osborne’s bed and a magazine for a gun, which had a .22 caliber bullet sticking out of it, on a chair.

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