The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Reyesv.The State

CourtSupreme Court of Georgia
Docket No.S20A0780
DecidedAugust 10, 2020
Reporter309 Ga. 660
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMurder & MayhemTales From the CryptSufficiency of the EvidenceHearsayEvidenceIneffective Assistance of Counsel
Case Summary

Herminio Reyes was convicted of malice murder and related offenses in the stabbing death of Sadot Ozuna-Carmona. He challenged the sufficiency of the evidence, the admission of evidence under the residual hearsay exception, and trial counsel’s performance. The Georgia Supreme Court affirmed. The court held that the evidence authorized the murder verdict and that the challenged evidence was admissible or its admission did not prejudice Reyes. It also rejected the ineffective-assistance claims after reviewing counsel’s investigation, objections, and cross-examination. The court emphasized that counsel vigorously tested the State’s witnesses, including exposing inconsistencies in a witness’s accounts of what he told police. Reyes failed to show both deficient performance and a reasonable probability of a different result. The convictions and sentence therefore remained in place.

Opinion

Loading published copy…

The Far Side