Newman v. Georgia
Annotate this CaseIn this case's first appearance, the Georgia Supreme Court reversed the trial court's grant of David Newman's motion for a new trial. In doing so, the Court found the trial court erred in concluding that harmful error occurred at Newman’s trial based on the court’s failure to give a sua sponte jury charge on the use of force in defense of habitation under OCGA 16-3-23. However, the Court remanded the case to the trial court for consideration of the remaining claims raised in Newman’s motion for new trial that had not been ruled upon in the trial court’s original order on the motion. This appeal stemmed from the trial court’s denial of Newman’s numerous remaining claims relating to the alleged ineffective assistance of his trial counsel. Finding that Newman failed to show his trial counsel performed deficiently, the Supreme Court affirmed the trial court with respect to those claims.
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