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David Heath Longv.The State

CourtCourt of Appeals of Georgia
Docket No.A13A0998
DecidedNovember 20, 2013
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureOther-Acts EvidenceEvidenceSufficiency of the EvidenceIneffective Assistance of CounselSentencingVacaturRemand
Case Summary

David Long was convicted of false imprisonment, aggravated assault, terroristic threats, and simple battery after a domestic-violence incident in which the victim escaped with her hands bound and reported that Long had beaten and threatened her. The Georgia Court of Appeals affirmed the convictions but vacated Long’s ten-year sentence for terroristic threats because the governing statute authorized a maximum sentence of five years. The court held that the evidence supported venue and the charged offenses, and that similar-transaction evidence concerning Long’s prior abuse of an intimate partner was admissible to show his conduct and mindset in a domestic relationship. The court rejected challenges to the notice and relevance of that evidence, the admission of weapons and hearsay, the mistrial request after a witness mentioned marijuana, and the jury instructions. It also found no basis for recusal, no proven improper communication with the jury, and no reversible ineffective assistance of counsel. Strategic decisions and claims not raised below either were supported by the record or waived. The sentence therefore required resentencing, while the convictions remained intact. Judgment was affirmed, the terroristic-threats sentence was vacated, and the case was remanded for resentencing.

Opinion

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