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Statev.Peppers

CourtCourt of Appeals of Georgia
Docket No.A23A0855
DecidedSeptember 15, 2023
Reporter369 Ga. App. 189; 892 S.E.2d 816; 2023 Ga. App. LEXIS 430; 2023 WL 5991319
JudgesDILLARD, Presiding Judge. Rickman and Pipkin, JJ., concur.
Tags
CriminalMotion for New TrialSufficiency of the EvidenceDouble JeopardyThirteenth JurorSecond-Degree MurderCruelty to Children
Case Summary

After Jill Peppers gave birth, DFCS instructed her to place the baby on his back in a bassinet and warned against bed-sharing. Her six-month-old son later died after co-sleeping with her; the medical examiner attributed the death to sudden unexplained infant death syndrome associated with bed-sharing but could not say co-sleeping caused it. A jury convicted Peppers of second-degree murder, second-degree cruelty to children, and involuntary manslaughter; a methamphetamine-possession conviction was not at issue. The trial court granted a new trial, finding insufficient evidence and also stating the verdict was contrary to the evidence and justice. On the State’s appeal, the Court of Appeals vacated the new-trial order and remanded. It held that a post-verdict finding of legal insufficiency operates as an acquittal and bars retrial, so it cannot support a new trial. A judge may instead weigh the evidence as a “thirteenth juror” under a separate standard. Because the trial court did not explain its separate general-grounds ruling, the appellate court left that issue for remand and did not reach the State’s remaining arguments.

Opinion

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