Riley v. GeorgiaAnnotate this Case
Jimmy Riley was convicted for the 1986 murder of Pauline McCoy, in addition for burglary and possession of a knife during the commission of a felony. He appealed the trial court's denial of his motion for a new trial, arguing the trial court should have allowed certain expert testimony and that the trial court erroneously found that the “person unknown” exception tolled the statute of limitation on his non-murder charges under OCGA 17-3-2 (2). Because the Georgia Supreme Court determined the trial court did not abuse its discretion in disallowing expert testimony, it affirmed Riley’s murder conviction. However, the Court vacated the trial court’s judgment with respect to Riley’s convictions for burglary and possession of a knife during the commission of a felony and remanded the case for the trial court to consider, under the facts of this case, when the State had sufficient information to establish actual knowledge of Riley as the “person committing th[ose] crime[s],” thus ending the tolling of the statute of limitation.