Georgia v. Jackson
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A jury convicted Marcus Jackson on murder and related charges, after which the trial court granted defendant’s motion for new trial. The Supreme Court reversed, noting that the order granting new trial was entered solely on the ground of the legal insufficiency of the evidence, and not pursuant to OCGA 5-5-21 with the trial court acting as the "thirteenth juror." Jackson filed a motion for reconsideration in which he raised (as one of three grounds for reconsideration) the argument that the trial court’s order should have been vacated (not reversed) and the case remanded to allow the trial court to review the case under the thirteenth juror standard. The Supreme Court denied the motion for reconsideration and a remittitur was filed with the trial court. Jackson filed a "Motion for Ruling Pursuant to OCGA Sections 5-5-20 and 5-5-21," which was submitted to the
predecessor trial judge, Fulton County Superior Court Judge Wendy Shoob. Apparently Judge Shoob was no longer the assigned judge in the case. Judge Gail Tusan, to whom the case was assigned at least by the time the Supreme Court's earlier judgment was remitted to the trial court, entered an order that the judgment of the Supreme Court be made the judgment of the trial court. Nevertheless, Judge Shoob entered an order shortly thereafter purporting to grant Jackson a new trial pursuant to OCGA sections 5-5-203 and 5-5-21. The State filed this appeal. The Supreme Court reversed, finding that jurisdiction was lacking for the entry of the post-remittitur order purporting to grant a new trial.
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