Lyons v. Georgia
Annotate this CaseJoseph Lyons was convicted by jury for the felony murder of Tony Lyons, two counts of aggravated assault, one count of home invasion, and two counts of possession of a firearm during the commission of a felony. On appeal, Lyons argued the trial court made numerous errors by: (1) allowing certain state exhibits to go to the jury during deliberations in violation of the continuing witness rule; (2) improperly instructing the jury on aggravated assault; (3) permitting the State to elicit hearsay testimony; (4) admitting photographs of Lyons in possession of a gun; (5) sentencing Lyons on the aggravated assault counts; and (6) admitting gang-related evidence. Lyons also argued he received ineffective assistance of counsel at trial because: (1) trial counsel failed to object to certain witness statements; and (2) trial counsel failed to object to the admission of inadmissible hearsay statements. The Georgia Supreme Court agreed that the trial court erred in sentencing Lyons for the aggravated assault of Tony Lyons (Count 7), and accordingly vacated that sentence. However, with respect to Lyons’ remaining assertions, the trial court’s judgment was affirmed.
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