Smith v. Georgia
Annotate this CaseThe Supreme Court held in "Zigan v. Georgia," (638 SE2d 322 (2006)), that the State may insist that an accused be tried by a jury, even when the accused would prefer to be tried by a judge. In this case, Ebony Smith asks the Supreme Court to reconsider "Zigan," urging that it was decided incorrectly and ought to be overruled. Smith was tried by jury and convicted of murder and the unlawful possession of a firearm during the commission of a felony. Smith would have preferred to be tried by a judge, but the State insisted that she be tried by jury, and as required by Zigan, the trial court yielded to the insistence of the State. Smith appealed, contending only that the trial court erred when it refused her demand for a bench trial. Finding no compelling reason to reconsider Zigan, the Supreme Court affirmed the trial court's judgment in this case.
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