Perdue v. GeorgiaAnnotate this Case
Shawn Perdue appealed his conviction and sentence for malice murder and the denial of his motion for new trial, as amended, in connection with the 2008 death of his girlfriend’s infant daughter, Kyliah Mack. The infant wouldn't stop crying as Perdue was babysitting, and "shook her with some force for three to five minutes and without supporting her head." The child was taken to the emergency room, but found unresponsive. Perdue told the emergency room doctor that he had given Kyliah something to drink, left, and then came back five to ten minutes later to find her unresponsive. However, Perdue’s story did not square with how long the infant had been dead, so the doctor contacted the coroner and the Richmond County Sheriff’s Office. He challenged the trial court’s exercise of discretion in denying him a new trial and the effectiveness of his trial counsel. Finding no merit to the challenge, the Supreme Court affirmed.