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Marshallv.The State

CourtSupreme Court of Georgia
Docket No.S20A0697
DecidedSeptember 8, 2020
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMurder & MayhemTales From the CryptEvidenceSentencingPreservation of ErrorVacatur
Case Summary

Terry Marshall was convicted of malice murder, attempted murder, and related offenses arising from a shooting that killed Marshal Tucker and injured Latonia Patterson. He challenged the evidence, evidentiary rulings, and the use of plain-error review for claims not preserved at trial. The Georgia Supreme Court affirmed in part and vacated in part. The court rejected Marshall’s substantive claims but held that Georgia’s plain-error review is limited to categories authorized by statute or rule. Without a specific legislative provision, the court would not extend plain-error review to the unpreserved sentencing issue Marshall raised. The court corrected the portions of the judgment requiring vacation while leaving the remaining convictions and sentences intact.

Opinion

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