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Harrisonv.The State

CourtSupreme Court of Georgia
Docket No.S20A0856
DecidedSeptember 8, 2020
Reporter309 Ga. 747
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMurder & MayhemTales From the CryptIneffective Assistance of CounselMergerSentencingVacatur
Case Summary

Richard Harrison was retried and convicted of malice murder after an earlier mistrial in the shooting death of Dewey Johnson. He raised ineffective-assistance claims and a sentencing challenge. The Georgia Supreme Court affirmed the malice-murder conviction and clarified the status of the felony-murder judgment. Because felony murder and malice murder involve the same homicide, the trial court could not impose a separate sentence on the felony-murder count and then merge it into malice murder. The felony-murder conviction and sentence were vacated by operation of law, leaving one life sentence for malice murder. The court rejected Harrison’s remaining claims and held that the correction did not disturb the valid murder conviction.

Opinion

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