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Willie Lewis Burnsv.The State

CourtCourt of Appeals of Georgia
Docket No.A17A0333
DecidedJune 27, 2017
Reporter306 Ga. App. 512
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureEvidenceJury InstructionsIneffective Assistance of CounselReversal
Case Summary

Willie Lewis Burns was convicted of aggravated assault and theft by receiving stolen property after a joint trial arising from an effort to sell a stolen car. On appeal from the denial of his motion for a new trial, he argued that trial counsel was ineffective for failing to request an instruction that accomplice testimony must be corroborated. He also argued that the trial court plainly erred by telling the jury that a single witness could support a conviction without explaining the corroboration requirement. The Georgia Court of Appeals held that the evidence was sufficient to support the convictions and that other evidence corroborated material portions of the accomplice testimony. It nevertheless held that counsel’s failure to request the required instruction prejudiced Burns on the aggravated-assault charge. The court reversed the order denying a new trial as to that charge.

Opinion

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