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Gregory Schmeelkv.The State

CourtCourt of Appeals of Georgia
Docket No.A20A2018
DecidedFebruary 8, 2021
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureSufficiency of the EvidenceMotion for New TrialVacaturRemand
Case Summary

A jury convicted Gregory Schmeelk of family-violence aggravated assault and reckless conduct after an incident involving his wife and stepdaughter. Schmeelk argued that the evidence was insufficient and that the trial court had failed to exercise its authority as the “thirteenth juror” when denying his motion for a new trial. The Court of Appeals held that the evidence was sufficient to support the aggravated-assault conviction. It nevertheless vacated the order denying the new-trial motion because the order did not show that the trial court had independently reweighed the evidence under Georgia’s general-grounds statutes. The appellate court remanded with direction for the trial court to perform that discretionary review. It did not order a new trial or disturb the convictions on the merits.

Opinion

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