Bozziev.The State
Frank Scott Bozzie was convicted of malice murder and related offenses after he repeatedly drove a vehicle toward Richard Morgan, striking and killing him. Bozzie challenged the sufficiency of the evidence, evidentiary rulings, alleged juror misconduct, counsel’s performance, and the denial of his request to attend the motion for new trial hearing. The Supreme Court of Georgia held that the evidence authorized the jury to find the intent required for malice murder and that the challenged evidentiary errors were harmless or did not satisfy plain-error review. Bozzie also failed to show that counsel’s decisions were deficient or prejudicial. The court held that he had no unqualified right to attend the new-trial hearing and that his proposed testimony was not necessary to decide the claims presented. Because the trial court could evaluate the admitted letter and counsel’s objective performance without Bozzie’s presence, due process did not require his attendance. The court affirmed.
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