McCord v. GeorgiaAnnotate this Case
In 2011, the Georgia Supreme Court reversed appellant Curtis Tyner’s 1984 conviction pursuant to a guilty plea for malice murder in connection with the death of Martha Mickel. Following a trial, Tyner was again convicted of malice murder and sentenced to life in prison. On appeal, Tyner contended that the trial court erred in allowing certain statements made by Mickel to be admitted at trial under the residual hearsay exception contained in OCGA 24-8-807; that the trial court erred in allowing certain out-of-court statements of investigating officers to be admitted at trial; that the trial court erred in admitting evidence related to the robbery-by-force charge; and that the trial court erred in merging the felony murder count with the malice murder count rather than vacating the felony murder count (the felony murder counts were vacated as a matter of law). Finding the remaining challenges to be without merit, the Supreme Court affirmed Tyner's second conviction.