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(AP) -- A top Georgia prosecutor suggested that the Georgia Supreme Court strike down the law that created the statewide public defender system because it was "fatally flawed."

Gwinnett County District Attorney Danny Porter told Georgia's top court Tuesday that the public defender system violates the separation of powers act because it is under the executive branch and not the judicial branch.  He says the struggling system is "borderline unconstitutional."  The comments came during a hearing involving Khanh Dinh Phan, who is charged with two murders.

Phan's attorneys are asking the court to dismiss the charges because the state has failed to pay for his defense.

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