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Nam Nhu Tranv.The State

CourtCourt of Appeals of Georgia
Docket No.A16A1654
DecidedMarch 8, 2017
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureEvidenceJury InstructionsIneffective Assistance of CounselReversalDirect Appeal
Case Summary

Nam Nhu Tran was convicted of serious offenses arising from an armed robbery and appealed, challenging the jury instructions, evidentiary rulings, and effectiveness of counsel. The Court of Appeals reversed the convictions. It held that the trial court’s response to a jury question did not correctly address the governing law and that the resulting instructional error was not harmless when the charges were considered as a whole. The court also examined the State’s evidence and concluded that a retrial was permitted because the evidence was legally sufficient to support the verdict even though the convictions could not stand. Tran’s remaining claims were addressed under the applicable waiver and ineffective-assistance rules, with the court declining to grant relief on issues that were not preserved or that did not establish prejudice. The judgment was reversed, leaving the State free to retry Tran consistently with the appellate ruling. Two judges concurred.

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Nam Nhu Tran V. The State — The Atlanta Gleaner