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COLLETT v. STATE
Case Summary: Collett v. The State
Factual and Procedural Background
The opinion arises from a drug violation matter adjudicated in the Superior Court of Cobb County. The Supreme Court granted certiorari, reversed the judgment of this court (Court of Appeals), and affirmed the judgment of the Superior Court of Cobb County. Attorney appearances: Al Horn for appellant; George W. Darden, District Attorney, and Ralph Kearns, Assistant District Attorney, for appellee.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| State v. Collett, 232 Ga. 668 ( 208 S.E.2d 472) | Supreme Court's ruling reversing this court's judgment. | The Court of Appeals' judgment was vacated and set aside in accordance with the Supreme Court's opinion; the Superior Court judgment was affirmed. |
| Collett v. State, 131 Ga. App. 411 ( 206 S.E.2d 70) | The Court of Appeals' prior judgment in this case (as referenced and reversed by the Supreme Court). | This court's prior judgment (Collett v. State, 131 Ga. App. 411) was vacated and set aside. |
Court's Reasoning and Analysis
The per curiam explains that the Supreme Court, on certiorari, reversed the judgment of this court. Consequently, this court's judgment was vacated and set aside. Following the Supreme Court's opinion, the Court of Appeals affirmed the judgment of the Superior Court of Cobb County. A concurring opinion by Judge Evans expresses support for the Supreme Court's decision, notes he had earlier dissented in this court, and concurs specially.
Holding and Implications
Judgment affirmed.
Direct effect: The Court of Appeals vacated and set aside its prior judgment and, following the Supreme Court's reversal, affirmed the Superior Court of Cobb County's judgment. The opinion does not discuss broader legal implications or establish a new precedent beyond the Supreme Court's ruling in State v. Collett.
PER CURIAM.
The Supreme Court on certiorari, State v. Collett, 232 Ga. 668 ( 208 S.E.2d 472), having reversed the judgment of this court in Collett v. State, 131 Ga. App. 411 ( 206 S.E.2d 70), the judgment of this court is vacated and set aside. In accordance with the opinion of the Supreme Court, the judgment of the Superior Court of Cobb County is affirmed.
Judgment affirmed. Bell, C. J., Eberhardt, P. J., Pannell, P. J., Deen, Quillian, Clark, Stolz and Webb, JJ., concur. Evans, J., concurs specially.
DECIDED NOVEMBER 13, 1974.EVANS, Judge, concurring specially.
With much enthusiasm I hail and concur in the decision by the Supreme Court in this case, which reverses the majority of the Court of Appeals, and affirms the Superior Court of Cobb County. When the case first came to this court, I wrote a lengthy dissenting opinion, and argued optimistically in favor of same when we met en banc, but with no success whatever. But, as Shakespeare says: "All's well that ends well."
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