Welbon v. Georgia
Annotate this CaseWayne Welbon appealed his conviction for the murder of Taurean Reeves. Welbon argued on appeal: (1) his trial counsel was ineffective for failing to move to strike for cause a certain prospective juror; and (2) the trial court erred by allowing the State to present testimony regarding statements he allegedly made to the police, contending any such statements were given involuntarily. Because the trial court applied the wrong legal standard by erroneously placing the burden on Welbon to show that his statements were involuntary, and because the Supreme Court could not say, after review, that there was no evidence before the trial court that would authorize the grant of a motion to suppress. The Court vacated the trial court’s order denying Welbon’s motion for new trial and remanded this case to the trial court for consideration of Welbon’s claim of involuntariness under the proper standard.
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