Russell v. Georgia
Annotate this CaseMichael Russell was convicted of malice murder and other crimes in connection with the death of his girlfriend, Christy Waller. Russell argued on appeal: (1) the trial court erred in denying his motion to suppress his statements to police; (2) the trial court erred in failing to properly instruct the jury in its preliminary jury charge; (3) he received constitutionally ineffective assistance of trial counsel when his counsel failed to object to that charge; and (4) the trial court erred in failing to merge his remaining aggravated assault conviction under Count 4 into his conviction for malice murder. Russell also noted his sentence contained a scrivener’s error, sentencing him under Count 5 for aggravated assault, when he was actually charged with aggravated battery. Although the Georgia Supreme Court agreed that the trial court committed sentencing errors and accordingly vacated Russell’s sentence under Count 4 and remanded for correction of the scrivener’s error in Count 5, the Supreme Court otherwise affirmed.
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