Hill v. State
Annotate this CaseDefendant appealed the denial of his motion for a new trial after he was found guilty of, among other things, felony murder. The court held that defendant's objection that the State did not move for correction of the record and properly comply with the procedural requirements of OCGA 5-6-41(f) was without merit and, moreover, the trial court was authorized to conclude that, to the extent that OCGA 5-6-41(f) was applicable, the required hearing was held with notice to both parties and the oath was administered. The court also held that the trial court did not err in refusing to allow the introduction of the transcript of a witness' prior testimony. Finally, the court held that defendant failed to meet his burden of showing any substantial likelihood of a different result but for counsel's deficient performance and the court therefore found that there was no error in the trial court's rejection of defendant's claim of ineffective assistance.
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