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Nicole Hinesv.The State

CourtCourt of Appeals of Georgia
Docket No.A19A2405
DecidedFebruary 18, 2020
Reporter352 Ga. App. 322
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureEvidenceHearsayIneffective Assistance of CounselReversalRemand
Case Summary

Nicole Hines was convicted of two counts of cruelty to children after her infant son suffered multiple leg fractures. She challenged evidence from a Department of Family and Children Services investigation, an officer’s testimony about statements by Hines’s boyfriend, the boyfriend’s recorded interview, venue, and counsel’s effectiveness. The Georgia Court of Appeals held that portions of the DFCS-related evidence were improperly admitted and that the error required reversal. The court rejected Hines’s subject-matter-jurisdiction argument, explaining that the charged conduct’s harmful result occurred in Georgia even if some conduct might have occurred elsewhere. The court therefore reversed and remanded rather than resolving the remaining claims. The parties’ later request for an immediate remand based on an asserted plea agreement was denied as moot in light of the merits disposition.

Opinion

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