Georgia v. NewmanAnnotate this Case
David Newman was convicted by jury on two counts of felony murder and aggravated assault, three counts of possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon in connection with the shooting death of Jason Wood and for shooting at Candace Shadowens. Newman moved for a new trial, and the trial court granted the motion on the grounds that: (1) the trial court erred in failing to charge the jury, sua sponte, on the use of force in defense of habitation ; and (2) trial counsel was ineffective for failing to request a charge on that defense. The State appealed. After review, the Georgia Supreme Court reversed and remanded, finding the trial court erred in granting Newman’s motion for a new trial.