State v. Kelly, S11A0734, November 7, 2011:
The Georgia Supreme Court reversed a Fulton County Superior Court felony murder conviction for errors in the charge of law to the jury. Plain Error Review of Georgia jury charges is required under the plain language of O.C.G.A. 17-8-58(b) resolving inconsistency with appellate decisions in which some decisions held that plain error review was waived by the failure to object at trial before jury deliberations began and other decisions were it was not. This is a very important criminal procedure case.