Rower v. State, 443 S.E.2d 839 (Ga. 1994). · Go Syfert
Rower v. State, 443 S.E.2d 839 (Ga. 1994). Cases Citing This Book View Copy Cite
173 citation events (61 in the last 25 years) across 5 distinct courts.
Strongest positive: State v. Wooten (ga, 2001-03-02)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
examined Cited as authority (quoted) State v. Wooten (4×) also: Cited "see, e.g."
Ga. · 2001 · signal: see also · quote attribution · 3 verbatim quotes · confidence low
absent a showing that the district attorney acted in an unconstitutional manner with respect to his case, rower may not inquire into the prosecutor's exercise of discretion in seeking the death penalty against him.
discussed Cited as authority (rule) Demarcus Sears v. Warden GDCP
11th Cir. · 2023 · confidence medium
Under Georgia law, a defendant could obtain only “those written scientific reports which the state will introduce against the defendant at trial.” Rower v. State, 443 S.E.2d 839, 842 (Ga. 1994) (citing O.C.G.A. § 17-7-211).
discussed Cited as authority (rule) Smallwood v. State
Ga. · 2020 · confidence medium
See, e.g., Derrico, 306 Ga. at 636 (2) (b) (reckless conduct statute not vague as applied to defendant who was the aggressor in road rage incident and struck victim’s car twice while in traffic); Sabel v. State, 248 Ga. 10, 13 (2) ( 282 SE2d 61 ) (1981) (statute that prohibits defacing government property was not vague as applied to defendant who spray-painted state-owned buildings and statues), overruled on other grounds, 9 Rower v. State, 264 Ga. 323, 325 (5) ( 443 SE2d 839 ) (1994).
discussed Cited as authority (rule) Bello v. State
Ga. · 2017 · confidence medium
We explained that the 4 Sabel was overruled on other grounds in Rower v. State, 264 Ga. 323, 325 (5) ( 443 SE2d 839 ) (1994). 4 State had used an expert comparison of those paint samples to identify the accused as the perpetrator of several acts of vandalism, that the paint samples were, therefore, “critical evidence,” and that the evidence was by its nature “subject to varying expert opinion.” Id. at 17-18 (6).
cited Cited as authority (rule) Bello v. State
Ga. · 2017 · confidence medium
Sabel was overruled on other grounds in Rower v. State, 264 Ga. 323, 325 (5) ( 443 SE2d 839 ) (1994).
discussed Cited as authority (rule) BROWN v. TUCKER; And Vice Versa (2×)
Ga. Ct. App. · 2016 · confidence medium
Rower v. State, *709 264 Ga. 323, 325 (5) ( 443 SE2d 839 ) (1994).
cited Cited as authority (rule) Wellons v. Hall
11th Cir. · 2009 · confidence medium
Id. at 842.
cited Cited as authority (rule) Hall v. McPherson
Ga. · 2008 · confidence medium
See OCGA § 17-16-1 et seq.; Sower v. State, 264 Ga. 323, 325 (5) ( 443 SE2d 839 ) (1994).
cited Cited as authority (rule) Ford v. Schofield
N.D. Ga. · 2007 · confidence medium
Rower, 264 Ga. at 325, 443 S.E.2d 839 .
discussed Cited as authority (rule) Walker v. State
Ga. · 2006 · confidence medium
See also Sears v. State, 270 Ga. 834, 842-843 (6) (a) ( 514 SE2d 426 ) (1999) (defendant was timely notified of State’s intent to seek to prove (b) (7) aggravating circumstance where notice was given while jury was deliberating in guilt/innocence phase, and, prior to trial, State had filed notice of intent to seek death penalty listing three (b) (2) aggravating circumstances and “ ‘any *161 others which may be supported by the evidence upon the trial of said case’ ”); Roberts v. State, 252 Ga. 227, 240 (11) ( 314 SE2d 83 ) (1984) (State not required to provide written notice of which…
discussed Cited as authority (rule) Jones v. State
Ga. Ct. App. · 2002 · confidence medium
Altman, Assistant District Attorney, for appellee. 1 Wells v. State, 227 Ga. App. 521 ( 489 SE2d 307 ) (1997). 2 (Citation omitted.) Thompson v. State, 234 Ga. App. 74 (1) ( 506 SE2d 201 ) (1998). 3 See West v. State, 251 Ga. 458, 460 (3) ( 306 SE2d 909 ) (1983); Benford v. State, 189 Ga. App. 761, 763-764 (1) ( 377 SE2d 530 ) (1989). 4 (Citations and punctuation omitted.) Brannan v. State, 275 Ga. 70, 74 (2) (c) ( 561 SE2d 414 ) (2002). 5 See Walker v. State, 264 Ga. 676, 680 (3) ( 449 SE2d 845 ) (1994). 6 (Citations and punctuation omitted.) Milton v. State, 232 Ga. App. 672, 679 (6) ( 503 S…
discussed Cited as authority (rule) King v. State (2×)
Ga. · 2000 · confidence medium
Rower, 264 Ga. at 324-325 (5).
examined Cited as authority (rule) State v. Lucious (10×) also: Cited "see"
Ga. · 1999 · confidence medium
In a broadly-worded order the trial court directed the State to produce its Georgia Bureau of Investigation "Crime Lab reports and any and all other scientific reports." A defendant's right to discover scientific reports is a procedural right derived from former OCGA § 17-7-211, Rower, supra, 264 Ga. at 323 (5), 443 S.E.2d 839 , a statute expressly repealed by passage of the Act. [3] Procedural rights which flow from a repealed criminal discovery statute can be eliminated.
discussed Cited as authority (rule) Owens v. State
Ga. · 1998 · confidence medium
The appeal was docketed in this Court on January 6,1998, and the case was orally argued on April 14, 1998. 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Austin v. State, 268 Ga. 602 (2) ( 492 SE2d 212 ) (1997). 4 Lewis v. State, 268 Ga. 83, 84-85 ( 485 SE2d 212 ) (1997); Austin, 268 Ga. at 602-603 . 5 Barber v. State, 268 Ga. 156, 157 (2) ( 486 SE2d 353 ) (1997). 6 269 Ga. 506 ( 500 SE2d 904 ) (1998). 7 Id. at 507-510 . 8 Rower v. State, 264 Ga. 323, 324-325 ( 443 SE2d 839 ) (1994). 9 248 Ga. 10 ( 282 SE2d 61 ) (1981). 10 Rower, 264 Ga. at 324-325 . 11 Wardius, 412 U…
discussed Cited as authority (rule) Turpin v. Mobley (2×)
Ga. · 1998 · confidence medium
NOTES [1] Mobley v. State, 265 Ga. 292 , 455 S.E.2d 61 (1995). [2] Mobley v. Georgia, 516 U.S. 942 , 116 S.Ct. 377 , 133 L.Ed.2d 301 (1995). [3] Mobley, 265 Ga. at 292 (1), 455 S.E.2d 61 . [4] Elrod v. Ault, 231 Ga. 750, 750 , 204 S.E.2d 176 (1974); Gaither v. Gibby, 267 Ga. 96 (2), 475 S.E.2d 603 (1996) (issues raised and decided on direct appeal cannot be reasserted on habeas corpus). [5] 264 Ga. 323, 325 (5), 443 S.E.2d 839 (1994). [6] 248 Ga. 10, 18 (6), 282 S.E.2d 61 (1981). [7] Mobley, 265 Ga. at 294 (4), 455 S.E.2d 61 . [8] See Childress v. State, 266 Ga. 425, 433 (3), 467 S.E.2d 865 (1…
discussed Cited as authority (rule) Park v. State
Ga. Ct. App. · 1998 · confidence medium
McMurray, P. J., and Smith, J., concur. 1 248 Ga. 10, 16-18 (6) ( 282 SE2d 61 ) (1981), overruled on other grounds, Rower v. State, 264 Ga. 323, 325 (5) ( 443 SE2d 839 ) (1994). 2 238 Ga. 204 ( 232 SE2d 233 ) (1977). 3 White v. Maggio, 556 F2d 1352, 1356-1358 (5th Cir. 1977) (inspection of bullets); United States v. Herndon, 536 F2d 1027, 1029 (5th Cir. 1976) (inspection of “moonshine” liquor); Barnard v. Henderson, 514 F2d 744, 746 (5th Cir. 1975) (inspection of murder weapon and bullet). 4 OCGA § 16-5-24 (a). 5 248 Ga. at 17-18 ; see Patterson, supra, 238 Ga. at 206 (defendant charged w…
discussed Cited as authority (rule) Freeman v. State (2×)
Ga. · 1997 · confidence medium
Although the trial court's ruling in this regard was correct at the time it was made, we subsequently held in Rower v. State, 264 Ga. 323, 324 (5), 443 S.E.2d 839 (1994) that the State is entitled to only the written reports of experts which the defense intends to introduce at trial.
discussed Cited as authority (rule) Childress v. State
Ga. · 1996 · confidence medium
The case was docketed on August 31, 1995 and orally argued on January 17, 1996. 3 264 Ga. 323 ( 443 SE2d 839 ) (1994). 4 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 5 Lackey v. State, 246 Ga. 331, 335 ( 271 SE2d 478 ) (1980). 6 Johnson v. State, 258 Ga. 856, 857 ( 376 SE2d 356 ) (1989). 7 See, e.g., Blanchard v. State, 247 Ga. 415, 416-417 ( 276 SE2d 593 ) (1981). 8 See Lackey, 246 Ga. at 334 . 9 O’Kelley v. State, 175 Ga. App. 503, 504 ( 333 SE2d 838 ) (1985). 10 See, e.g., Wright v. State, 246 Ga. 53 ( 268 SE2d 645 ) (1980). 11 See, e.g., Thomas v. State, 262 Ga. 7…
discussed Cited as authority (rule) Wellons v. State (2×) also: Cited "see"
Ga. · 1995 · confidence medium
Since the date of trial, we held in Rower v. State, 264 Ga. 323, 325 ( 443 SE2d 839 ) (1994) that the state is only entitled to discover those scientific reports which the defense intends to use at trial.
discussed Cited as authority (rule) McKinney v. State
Ga. Ct. App. · 1995 · confidence medium
The denial of defendant’s pre-trial motion for the appointment of an expert to conduct an independent DNA analysis is enumerated as error, on the ground that this deprived defendant of a “fair trial and equal treatment under the law because of his economic status.” Unlike blood samples, ballistics reports, and other routine scientific analyses, defendant’s request for the appointment of an independent expert to challenge the State’s analysis of DNA band patterns arguably “involves critical evidence [within the meaning of Sabel v. State, 248 Ga. 10, 16 (6) ( 282 SE2d 61 ), overruled…
discussed Cited as authority (rule) McMichen v. State
Ga. · 1995 · confidence medium
Although McMichen did disclose the expert’s identity during trial, he did not call the expert to testify, and he in fact provided no reports to the state in violation of the rule set forth in Rower v. State, 264 Ga. 323, 325 ( 443 SE2d 839 ) (1994).
discussed Cited "see" Sears v. Humphrey (2×)
Ga. · 2013 · signal: see · confidence high
See Rower v. State, 264 Ga. 323, 325 (5) ( 443 SE2d 839 ) (1994).
discussed Cited "see" Arrington v. State (2×)
Ga. · 2009 · signal: see · confidence high
See Rower v. State, 264 Ga. 323, 324 (2) ( 443 SE2d 839 ) (1994).
discussed Cited "see" Terrell v. State (2×)
Ga. · 2002 · signal: see · confidence high
See Rower v. State, 264 Ga. 323, 323 ( 443 SE2d 839 ) (1994). 272 Ga. 704, 716 ( 532 SE2d 677 ) (2000).
discussed Cited "see" Mobley v. Head (2×)
11th Cir. · 2001 · signal: see · confidence high
See Rower v. State, 264 Ga. 323 , 443 S.E.2d 839, 842 (1994).
discussed Cited "see" Howard v. State (2×)
Ga. · 2000 · signal: see · confidence high
See Sable v. State, 248 Ga. 10, 13 ( 282 SE2d 61 ), cert denied, 454 U. S. 973 (102 SC 524, 70 LE2d 393) (1981), overruled on other grounds, 264 Ga. 323 ( 443 SE2d 839 ) (1994); State v. Davis, 246 Ga. 761, 762 ( 272 SE2d 721 ) (1980).
discussed Cited "see" Cromartie v. State (2×)
Ga. · 1999 · signal: see · confidence high
See Rower v. State, 264 Ga. 323 (1) ( 443 SE2d 839 ) (1994). 24.
discussed Cited "see" Leonard v. State (2×)
Ga. · 1998 · signal: see · confidence high
See Sabel v. State, 248 Ga. 10, 17-18 (6) ( 282 SE2d 61 ) (1981) (overruled on other grounds, Rower v. State, 264 Ga. 323, 325 (5) ( 443 SE2d 839 ) (1994)).
discussed Cited "see" Christensen v. State (2×)
Ga. · 1996 · signal: see · confidence high
See Sabel v. State, 248 Ga. 10, 13 ( 282 SE2d 61 ), cert. denied, 454 U. S. 973 (102 SC 524, 70 LE2d 393) (1981), overruled on other grounds, Rower v. State, 264 Ga. 323 ( 443 SE2d 839 ) (1994); State of Ga. v. Davis, 246 Ga. 761, 762 ( 272 SE2d 721 ) (1980).
discussed Cited "see" Crowe v. State (2×)
Ga. · 1995 · signal: see · confidence high
See Rower v. State, 264 Ga. 323, 324 ( 443 SE2d 839 ) (1994). 25.
examined Cited "see, e.g." Reaves v. State (4×)
Ga. · 2008 · signal: see also · confidence medium
See also Sabel v. State, 248 Ga. 10, 16 (6) ( 282 SE2d 61 ) (1981), overruled on other grounds by Rower v. State, 264 Ga. 323, 325 (5) ( 443 SE2d 839 ) (1994).
discussed Cited "see, e.g." Metheny v. Hammonds (2×)
M.D. Ga. · 1999 · signal: see also · confidence low
See also Rower v. State, 264 Ga. 323 , 443 S.E.2d 839, 841 (1994). 9 A constitutional amendment providing that previously enacted general laws restricting the Board’s authority were ratified, went into effect on January 1, 1995.
discussed Cited "see, e.g." Speed v. State (2×)
Ga. · 1999 · signal: see also · confidence medium
XII; Goodroe v. State, 224 Ga. App. 378, 380 (1) ( 480 SE2d 378 ) (1997). 8 Wilson v. State, 212 Ga. 73, 75 ( 90 SE2d 557 ) (1955); Harmon v. State, 224 Ga. App. 890, 891 (1) ( 482 SE2d 730 ) (1997). 9 See Harmon, 224 Ga. App. at 891-892 (1). 10 Wainwright v. Witt, 469 U.S. 412, 424 (II) (105 SC 844, 83 LE2d 841) (1985); Greene v. State, 268 Ga. 47, 48 ( 485 SE2d 741 ) (1997). 11 Wainwright v. Witt, 469 U.S. at 424 (II); Greene v. State, 268 Ga. at 48 . 12 Irvin v. Dowd, 366 U.S. 717, 723 (81 SC 1639, 6 LE2d 751) (1961); Norton v. State, 263 Ga. 448, 449 (2) ( 435 SE2d 30 ) (1993). 13 Jones v.…
discussed Cited "see, e.g." Brown v. State (2×)
Ga. · 1997 · signal: see also · confidence low
See also Rower v. State, 264 Ga. 323 (5) ( 443 SE2d 839 ) (1994); Hair v. State, 262 Ga. 284 (2) ( 417 SE2d 657 ) (1992).
discussed Cited "see, e.g." Gay v. State (2×)
Ga. Ct. App. · 1997 · signal: see also · confidence medium
Givens v. State, 214 Ga. App. 774 (1) ( 449 SE2d 149 ) (1994); Curtis v. State, 183 Ga. App. 6, 8 ( 357 SE2d 849 ) (1987); McDaniel v. State, 169 Ga. App. 254 (3) ( 312 SE2d 363 ) (1983); Law v. State, 165 Ga. App. 687, 690 (3) ( 302 SE2d 570 ) (1983), aff’d 251 Ga. 525, 528 (2), supra; see also Rower v. State, 264 Ga. 323, 324-325 (5) ( 443 SE2d 839 ) (1994).
examined Cited "see, e.g." Thomason v. State (4×)
Ga. · 1997 · signal: see also · confidence low
See also Rower v. The State, 264 Ga. 323 , 443 S.E.2d 839 (1994). [48] See OCGA §§ 17-8-5; 5-6-41. [49] OCGA § 17-10-30(b)(2), (4).
discussed Cited "see, e.g." Givens v. State (2×)
Ga. Ct. App. · 1994 · signal: see also · confidence medium
Law v. State, 165 Ga. App. 687, 690 (3) ( 302 SE2d 570 ) (1983), aff'd 251 Ga. 525, 528 (2) ( 307 SE2d 904 ) (1983); see also Rower v. State, 264 Ga. 323, 324-325 (5) ( 443 SE2d 839 ) (1994).
Retrieving the full opinion text from the archive…
ROWER
v.
State
S94A0612.
Supreme Court of Georgia.
Jun 6, 1994.
443 S.E.2d 839
1994 Ga. LEXIS 446
Marger & Moore, Edwin J. Marger, Spix, Krupp & Reece, Mark V. Spix, Kennedy & Kennedy, David M. Simpson, Bruce S. Harvey, Gordon E. Billheimer, Jr., for appellant., Thomas J. Charron, District Attorney, Jack E. Mallard, Debra H. Bernes, Nancy I. Jordan, Assistant District Attorneys, for appellee.
Carley.
Cited by 72 opinions  |  Published
3 passages pin-cited by 2 cases
Pinpoint authority: #34,532 of 633,719
Citer courts: Supreme Court of Georgia (3) · Eleventh Circuit (1)
Carley, Justice.

The state is seeking the death penalty against Curtis Alfonso Rower for a murder which took place in Cobb County, Georgia. We granted Rower’s application for interim appeal pursuant to OCGA § 17-10-35.1.

1. Rower, an African-American, argues that the trial court erred in denying his motion to bar the state from seeking the death penalty against him on the ground that the death penalty is discriminatorily sought and imposed on the basis of race in Cobb County. In support of his motion, Rower offered statistical data purporting to show that the death penalty is more often sought and imposed against African-Americans than whites in Cobb County, even though African-Americans make up a minority of the county population.

However, in order to prevail, Rower

must prove that the decisionmakers in his case acted with discriminatory purpose. He offers no evidence specific to his own case that would support an inference that racial considerations played a part [in the decision to seek the death penalty against him].

McCleskey v. Kemp, 481 U. S. 279, 292-293 (107 SC 1756, 95 LE2d 262) (1987). Because Rower failed to prove purposeful discrimination in his own case, the trial court did not err in denying his motion.

2. Rower maintains the trial court erred in denying his motion to bar the death penalty on the basis of the Cobb County District Attorney’s alleged abuse of prosecutorial discretion in the use of plea bargaining. Rower argues he would have been able to establish this abuse had the trial court not quashed eight subpoenas issued to other district attorneys whose testimony allegedly would have shown that this case is indistinguishable from other cases in which the death penalty has not been sought.

The U. S. Constitution and Georgia law authorized the Cobb County District Attorney to seek the death penalty for the acts alleged to have been committed by Rower in this case. McCleskey, supra at 297; OCGA § 17-10-30. Absent a showing that the district[*324] attorney acted in an unconstitutional manner with respect to his case, Rower may not inquire into the prosecutor’s exercise of discretion in seeking the death penalty against him. Jones v. State, 263 Ga. 904 (3) (440 SE2d 161) (1994); McCleskey, supra at 296-297, n. 18. Testimony from other district attorneys regarding the manner in which the death penalty is sought in their circuits, or the manner in which plea bargains are reached, would be insufficient to show that the Cobb County District Attorney acted in an unconstitutional manner in Rower’s case.

3. Contrary to Rower’s argument, OCGA § 17-10-16, authorizing a sentence of life without parole, is not unconstitutional for any of the reasons alleged. Freeman v. State, 264 Ga. 27 (440 SE2d 181) (1994).

4. Rower argues that the trial court erred in failing to dismiss his indictment due to racial discrimination in the selection of grand jury forepersons in Cobb County. We have examined his arguments and conclude that the trial court did not commit reversible error in denying the motion to dismiss. Ingram v. State, 253 Ga. 622 (1) (c) (323 SE2d 801) (1984). See generally Spivey v. State, 253 Ga. 187 (7) (b) (319 SE2d 420) (1984).

5. The trial court granted the state’s demand for the names, addresses and written reports of Rower’s expert witnesses. Rower maintains that the trial court’s ruling, which relied on OCGA § 17-7-211 and Sabel v. State, 248 Ga. 10 (282 SE2d 61) (1981), is in error.

OCGA § 17-7-211 (b) provides, in part, that in every criminal trial,

the defendant shall be entitled to have a complete copy of any written scientific reports in the possession of the prosecution which will be introduced in whole or in part against the defendant by the prosecution in its case-in-chief or in rebuttal.

The statute does not make specific reference to any right of the state to discover scientific reports in the possession of the defendant. However, in Sabel, supra, this court stated that

in view of the right of a defendant in a criminal case to obtain copies of scientific reports [pursuant to OCGA § 17-7-211], we find that requiring the report of the defendant’s expert to be reduced to writing and made available to the state will further the search for the truth. If the defendant does not call the expert as a witness, the state may call the defendant’s expert without adding his or her name to the list of witnesses, or may argue to the jury that the defendant would have called the expert had the result of the testing been[*325] favorable to the defendant.

We have noted that the rule set out in Sabel “is based on the reciprocal requirement placed on the state by OCGA § 17-7-211.” Blige v. State, 263 Ga. 244, 245, n. 2 (430 SE2d 761) (1993).

Following the decision in Sabel, this court held in Law v. State, 251 Ga. 525, 528 (307 SE2d 904) (1983), that the statute requires the state to produce only those scientific reports which are written, and does not require the state to reduce oral reports of scientific experts to writing and provide them to the defendant. Accord Perry v. State, 255 Ga. 490 (3) (339 SE2d 922) (1986). Further, under OCGA § 17-7-211, a defendant may discover only those written scientific reports which the state will introduce against the defendant at trial, and may not discover scientific reports which the state has in its possession, but does not intend to use. Law, supra, 251 Ga. at 527; Sosebee v. State, 190 Ga. App. 746, 750 (380 SE2d 464) (1989).

Thus, the discovery rights granted to the state under Sabel are not reciprocal, but are, in fact, greater than the statutory discovery rights granted to the defendant by OCGA § 17-7-211.

While due process does not prevent a state from “experimenting with broad systems of discovery” in criminal cases, there must be “a balance of forces between the accused and his accuser.” Wardius v. Oregon, 412 U. S. 470, 474 (93 SC 2208, 37 LE2d 82) (1973). We therefore hold that, with regard to scientific reports, the state is entitled to only those discovery rights specifically granted to the defendant by OCGA § 17-7-211. To the extent that Sabel conflicts with this holding, it is overruled.

The state may discover any written reports of Rower’s experts which Rower intends to introduce at trial. Law, supra, 251 Ga. at 527. With regard to the state’s right to call Rower’s expert witnesses as its own, or to argue the inference arising from Rower’s failure to call his own experts, see Blige v. State, 264 Ga. 166 (441 SE2d 752) (1994).

6. The trial court ordered a change of venue in this case pursuant to OCGA § 17-7-150 (a), but reserved ruling on whether the jury would be returned to Cobb County for trial as provided for by USCR 19.2 (B). We direct the trial court’s attention to Hardwick v. State, 264 Ga. 161, 164 (442 SE2d 236) (1994), in which we held that USCR 19.2 (B) “is unenforceable, absent consent of the parties, because it is inconsistent with OCGA § 17-7-150 (a).”

7. We have examined the remaining claims raised by Rower and conclude that they are without merit.

Judgment affirmed with direction.

Hunt, C. J., Fletcher, Hunstein, Carley, Thompson, JJ., and Judge E. Purnell Davis concur. Benham, P. J., concurs in the judgment only. Sears-Collins, J., disqualified. [*326] Decided June 6, 1994 — Reconsideration denied July 1, 1994. Marger & Moore, Edwin J. Marger, Spix, Krupp & Reece, Mark V. Spix, Kennedy & Kennedy, David M. Simpson, Bruce S. Harvey, Gordon E. Billheimer, Jr., for appellant. Thomas J. Charron, District Attorney, Jack E. Mallard, Debra H. Bernes, Nancy I. Jordan, Assistant District Attorneys, for appellee.