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S19a0533. Franklinv.The State

CourtSupreme Court of Georgia
Docket No.S19A0554
DecidedOctober 7, 2019
Reporter306 Ga. 878
JudgesSupreme Court of Georgia
Tags
CriminalCriminal ProcedureConstitutional LawDue ProcessHabeas CorpusMotion for New TrialVacaturRemand
Case Summary

Robert Earl Mitchum was convicted of felony murder in 1999. Fifteen years later, he filed an extraordinary motion for new trial based on affidavits alleging that the trial judge, prosecutor, defense lawyer, and another judge had social meals with jurors during the trial. The trial court denied the motion without holding a hearing. The Georgia Supreme Court held that the alleged improper communications raised constitutional claims for which habeas corpus provided an adequate remedy. An extraordinary motion for new trial was therefore not the proper vehicle, even though the allegations were discovered long after the ordinary filing period. The trial court should have dismissed the motion rather than deny it on the merits. The Court vacated the order and remanded with direction to enter an order dismissing the extraordinary motion. All justices concurred. The opinion preserves the distinction between extraordinary new-trial relief and post-conviction habeas review of constitutional claims.

Opinion

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