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Reesev.The State

CourtSupreme Court of Georgia
Docket No.S22A0521
DecidedOctober 25, 2022
Reporter314 Ga. 871
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureSelf-DefenseJury InstructionsReversalRemand
Case Summary

Jacarey Reese was tried twice for offenses arising from the shooting death of Stacy Devero after the first jury could not reach a verdict. At the second trial, the defense argued that Reese did not shoot Devero and, alternatively, that the shooting was justified. The Supreme Court of Georgia held that the trial court gave an incomplete self-defense instruction and that the prosecutor compounded the error by telling the jury that Reese could not claim self-defense unless he admitted firing the gun. The jury’s question during deliberations showed that the misleading explanation affected its understanding of the defense. Because the evidence was legally sufficient, the State could retry Reese, but the Court reversed the felony-murder conviction and sentence.

Opinion

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