Gomillion v. GeorgiaAnnotate this Case
In this case's first appearance before the Georgia Supreme Court, the Court held that the evidence was legally sufficient to support appellant Michael Gomillion’s convictions relating to the shooting death of Clyde Chaney. The Court also held that, in denying appellant’s motion for new trial, the trial court failed, in response to appellant’s request, to exercise its discretion to review the evidence as a thirteenth juror. Without addressing appellant’s remaining enumerations of error, the Court vacated the order denying the motion for new trial and remanded the case for the trial court to apply the proper standard to the general grounds. On remand, the trial court exercised its discretion as a thirteenth juror and denied the motion for new trial. Appellant then filed this appeal. Finding no abuse of the trial court's discretion, the Supreme Court affirmed its judgment.