The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Middletonv.The State

CourtSupreme Court of Georgia
Docket No.S19G0852
DecidedJuly 1, 2020
Reporter309 Ga. 337
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureAppellate ProcedureMergerReversalRemandStatutory Interpretation
Case Summary

Derrick Middleton was convicted of hijacking a motor vehicle and theft by receiving the same vehicle, along with other offenses. He argued that the two verdicts were legally and logically inconsistent because a person cannot both steal a vehicle and receive it as stolen property from someone else. The Georgia Supreme Court agreed and reversed in part. The court held that the verdicts were mutually exclusive: finding Middleton guilty of hijacking necessarily identified him as the principal thief, while finding him guilty of theft by receiving necessarily required that someone else had stolen the vehicle. A judgment entered on mutually exclusive verdicts is void. The court therefore directed the trial court to vacate the judgment on those counts and set aside the verdicts so Middleton could be retried on them. The remaining convictions were not affected by the limited remand.

Opinion

Loading published copy…

The Far Side