Upshaw v. GeorgiaAnnotate this Case
Jerome Upshaw was tried by jury and convicted of murder and unlawful possession of a firearm during the commission of a felony in connection with the 1996 fatal shooting of Joanne Walton. Upshaw appealed, contending that: (1) the trial court erred when it limited his cross-examination of one prosecution witness; (2) when it refused to grant a mistrial after another prosecution witness refused to be cross-examined; and (3) when it excepted the lead detective from the rule of sequestration. After review of the record and briefs, the Supreme Court noted that the trial court erroneously sentenced Upshaw for both malice murder and felony murder, and vacated the conviction and sentence for felony murder. Finding no other error, the Court affirmed in all other respects.