Swinson v. Georgia
Annotate this CaseDan Toni Swinson appealed his convictions on two counts of malice murder in connection with the shooting deaths of Heber Jettie Bennett, Jr., and Eliace Marie Smith. On appeal, Swinson contended: (1) the evidence was insufficient to support his convictions; (2) the trial court erred in denying his motion to suppress evidence obtained from a search warrant for his cell phone records, which was based, in part, on a warrantless request for cell site information under the Stored Communications Act; and (3) that the trial court erred in denying his motion for a mistrial after a witness testified about his incarceration on an unrelated charge. Swinson also claimed he received ineffective assistance of counsel on a number of grounds. Finding no reversible error, the Georgia Supreme Court affirmed Swinson's convictions.
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