Georgia v. Hill
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In 2002, Appellant David Hill, Orlando Culler, and Trayeon White were jointly tried and convicted of the 2001 felony murder of Alvita Waller and the aggravated assaults of Terrell Mills and Anthony Hunter. Hill was sentenced to life in prison for felony murder and to two probated sentences of fifteen years for two counts of aggravated assault, to be served concurrently to each other and consecutively to the sentence for felony murder. Hill filed a motion for new trial; the motion was denied. Hill and his co-defendants appealed to the Supreme Court, and their convictions were affirmed in 2004. Approximately eight years later, Hill filed an extraordinary motion for new trial. The judge who presided over the trial and subsequent motions had retired, so a successor judge heard Hill’s extraordinary motion for new trial. Following the hearing, that court issued an order granting Hill a new trial. The State filed a motion for reconsideration, and the court withdrew its prior order. After another evidentiary hearing, the successor court again granted Hill’s extraordinary motion for new trial. The State appealed. Finding that the successor court erred in granting the extraordinary motion, the Supreme Court reversed and remanded.
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