Georgia v. Wheeler
Annotate this CaseGeorge Hughes, a tenant in the Venetian Hills apartment complex, died after a fire broke out in the early morning of March 15, 2017. Police investigated the fire, identified Kamara Wheeler as an arson suspect, and on March 18, 2017, arrested her on an unrelated warrant. When officers interviewed Wheeler about the apartment fire, she admitted that she started it. She was then indicted by grand jury for one count of malice murder, one count of felony murder predicated on arson, and four counts of arson in the first degree. Prior to trial, the State provided Wheeler with a “Notice of Intent to Present Evidence of Other Acts,” and an amended notice on August 13, 2019, indicating that it intended to offer evidence under OCGA 24-4-404(b) of three previous instances in which Wheeler set or attempted to set fires as proof of her motive and intent in this case. The trial court denied the State's 404(b) motion. On appeal, the State argued the trial court abused its discretion in denying the motion because it omitted key facts from its analysis and misapplied the three-part test governing the admissibility of “other acts” evidence under Rule 404 (b). The Georgia Supreme Court did not reach the merits of the State's claims, holding that the the timing and certification requirements set forth in OCGA 5-7-1(a)(5) were jurisdictional, and that because the State failed to comply with OCGA 5-7-1(a)(5)(B), the Supreme Court determined it lacked jurisdiction to hear the State’s appeal. Therefore, this appeal was dismissed.
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