Georgia v. HolmesAnnotate this Case
In June 2015, Quantravious Antwan Holmes was tried before a jury and was convicted of malice murder and possession of a firearm by a convicted felon in connection with the shooting death of Todd Burkes. In November 2017, the trial court granted Holmes’s motion for new trial. The State appealed and Holmes cross-appealed. In an earlier opinion, the Georgia Supreme Court affirmed in the cross-appeal, vacated in the State’s direct appeal, and remanded the case to the trial court with direction for further consideration, under a proper legal analysis, of the grounds on which the grant of a new trial was based. After reviewing the law governing new trials on the general grounds, the trial court concluded that, having “considered the conflicts in the evidence, the credibility of witnesses, the demeanor of witnesses during trial, and the weight of evidence in this case,” it “hereby exercises its discretion as the ‘Thirteenth Juror’ in Mr. Holmes’s case, and having done so is satisfied that [he] is entitled to a new trial.” The State appealed the second order granting a new trial, contending that the trial court “manifestly abused its discretion in precipitously granting a new trial as the 13th juror” after remand. Finding no error, the Georgia Supreme Court affirmed.