Clough v. GeorgiaAnnotate this Case
Appellant Duane Clough appealed his convictions related to the death of Christopher Watkins and the aggravated assaults of Michelle Clough (appellant's estranged wife), and Mary Thomas, who was appellant’s mother-in-law. Appellant argued the trial court erred when it failed to give a requested charge on voluntary manslaughter. Because the Supreme Court agreed with this contention after it reviewed the trial court record, it reversed in part. Because of the failure to give the charge on voluntary manslaughter, appellant’s conviction for felony murder (aggravated assault of Watkins) was also reversed. "Upon remand, the State may retry appellant for malice murder and felony murder (aggravated assault of Watkins) or it may, instead, have the trial court sentence appellant for felony murder (burglary)."