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The Statev.Patricia Reid et al.

CourtCourt of Appeals of Georgia
Docket No.A15A0537
DecidedMarch 18, 2015
Reporter331 Ga. App. 275; 770 S.E.2d 665
JudgesCourt of Appeals of Georgia, Fourth Division; Presiding Judge Barnes and Judges Ray and McMillian; Judge Ray authored the opinion
Tags
CriminalCriminal ProcedureMotion for New TrialEvidenceStatutory InterpretationVacaturRemand
Case Summary

Patricia Reid, Anthony Vincent Pope, and a codefendant were indicted for Georgia RICO violations and theft by taking based on an alleged scheme involving government contracts and property. A jury convicted Reid and Pope, but nearly a year later the trial court reversed their convictions and granted new trials because the judge doubted the credibility of a State witness, Lewis, whose testimony had been given under a cooperation agreement. The State appealed. The Court of Appeals of Georgia vacated the order as to Reid and reversed it as to Pope. For Reid, the trial court had authority to act as a “thirteenth juror” on properly raised general grounds, but it did not fulfill its statutory duty to weigh the evidence as a whole after assessing Lewis’s credibility. Its concern that it could not presume Lewis’s testimony had not affected the verdict was not the required inquiry; the court had to determine whether the remaining evidence made the verdict contrary to the evidence or principles of justice and equity, or strongly against the evidence. Reid’s motion was liberally construed as raising the general grounds, so the case was remanded for proper consideration of that motion and her remaining arguments. Pope had no pending motion for new trial, and the trial court’s sua sponte order came nearly a year after judgment, outside Georgia’s 30-day statutory window. The order was therefore reversed as to Pope.

Opinion

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