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Ageev.The State

CourtSupreme Court of Georgia
Docket No.S20A0726
DecidedOctober 5, 2020
Reporter310 Ga. 64
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMurder & MayhemTales From the CryptEvidenceHearsayConfrontation ClauseReversalMotion for New Trial
Case Summary

Linda Agee was convicted of murder in the shooting death of her husband, Randall Peters. She challenged the admission of statements made by a deceased witness and the finding that she had forfeited her constitutional right to confront that witness. The Georgia Supreme Court reversed. The court held that the statements were not admissible on the record presented and that the State had not established the required forfeiture of confrontation rights. Because the witness’s statements suggested that Agee was involved in the murder and the extent of her involvement was disputed, the court could not conclude beyond a reasonable doubt that admitting them did not contribute to the verdict. The court therefore reversed the denial of Agee’s motion for a new trial.

Opinion

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