The Georgia Supreme Court set aside the murder conviction of a man who left a toddler in a hot car in 2016, on the grounds that the trial judge admitted “extremely and unfairly prejudicial” evidence.
41-year-old Justin Ross Harris was convicted in November 2016 on eight counts, including malicious murder, in the death of his 22-month-old son, Cooper. A judge sentenced him to life without parole on that charge.
Although he didn’t dispute the sufficiency of the evidence, in a 134-page majority opinion, Chief Justice David Nahmias says that much of the evidence related to Harris’ sexual activities shouldn’t have been admitted and may have improperly influenced the jury. Prosecutors argued that Harris was unhappy in his marriage and intentionally killed his son to free himself. To support this theory, they presented extensive evidence of extramarital sexual activities that he engaged in, including exchanging sexually explicit messages and graphic photos with women and girls and meeting some of them for sex.
Accordinfg to the majority opinion, the jury “heard and saw an extensive amount of improperly admitted evidence.” It says that as prosecutors painted Harris as a man who “intentionally and maliciously” abandoned his child to die in the summer heat, they also “presented a substantial amount of evidence to lead the jury to answer a different and more legally problematic question: what kind of man is (Harris)?”
“We are very appreciative and grateful that we’ll have a new trial,” said Harris’ attorney, Mitch Durham. The Cobb County District Attorney’s office plans to file a motion for reconsideration in the case.
Criminal Appeals
Trial appeals are very rare. About 95 percent of criminal cases settle out of court. Plea bargains are appealable in a few cases. Usually, a Marietta criminal defense lawyer must prove the pela was incompetent, either because the defendant or lawyer was incompetent.
Successful criminal appeals are rarer still. Basically, the appellant must prove that the judge abused his/her discretion, and that abuse of discretion materially affected the trial’s outcome.
Abuse of discretion is an off-the-rails judicial decision. Think of an umpire calling balls and strikes. The strike zone is between the batter’s elbows and knees. If the umpire calls a pitch around the batter’s eyes a strike, that’s a clearly erroneous call. If the umpire calls one of these pitches a strike, that’s probably an abuse of discretion.
Incidentally, did you see the look the other commentator gave Harry Doyle (Bob Euker) when he delivered the famous “just a bit outside” line?
Additionally, the abuse of discretion must materially affect the trial’s outcome. If the umpire made an abuse-of-discretion call on ball one, most likely, that call didn’t materially affect the at-bat. If the bad call came on ball four, the bad call materially affected the outcome. Balls two and three are in a gray area.
In the above story, the abuse-of-discretion issue was the relevance of the sexual deviance evidence. Georgia rules define relevant evidence as any proof that makes a material fact more or less probable.
On the surface, sexual misconduct evidence is unrelated to a murder case. However, since prosecutors used the “I want out of this bad marriage” argument to establish motive, the judge allowed such proof. The Supremes ruled that the judge went too far in allowing the state to characterize the defendant as a bad person. That characterization probably affected the jury’s decision.
When appeals courts set aside convictions, prosecutors can ask the court to reconsider its decision, but they cannot retry the defendant, at least in most cases. The Fifth Amendment’s double jeopardy clause states that a person cannot be tried twice for the same offense.
This rule comes up in other contexts as well. Drug-free zone violations, which is an independent felony in Georgia, are a good example. If Paul sold drugs near a school, prosecutors could technically charge him for selling the drugs, and for selling the drugs in a drug-free zone.
Probation Violations
Other post-trial matters, such as probation and parole violations, are much more common. Georgia law doesn’t limit probation sentences, so they’re much longer here than in other states.
Many people can drive from Marietta to Atlanta without speeding or violating another traffic law. But almost no one could drive from Marietta to Minneapolis without speeding or violating another traffic law. Likewise, most people can walk the straight and narrow for a few weeks, but they cannot do so for a few months.
Regardless of the nature of their offense or their criminal background, Georgia law imposes six standard conditions on all probationers:
- Complete a reentry plan,
- Avoid further trouble with the law,
- Not possess a “firearm, ammunition, explosives or other deadly weapon,”
- Remain in the state at all times,
- Pay all required fees and remain current on child support, and
- Stay in school if they don’t have a high school diploma or GED.
Many probationers commit technical violations, like many drivers speed 1mph over the limit. For example, a “deadly weapon” could be a baseball bat or golf club in some situations.
Additionally, most judges pile on additional conditions, mostly depending on the nature of the offense and the defendant’s criminal history. DUI probation is a good example. Common add-ons include driving with an IID (ignition interlock device), attending a victim impact panel, and undergoing an alcohol evaluation.
Probation violations are difficult to defend, mostly because the burden of proof in these matters (as preponderance of the evidence, or more likely than not) is much lower than the criminal trial burden of proof (beyond any reasonable doubt).
Nevertheless, a Marietta criminal defense lawyer can often successfully resolve these matters out of court. Common resolutions include a few days in jail as a condition of reinstatement, extending the length of probation, and adding additional conditions.
Early Discharge
We mentioned the unusually long probation lengths in Georgia. For this reason, motions to modify or discharge probation are very common in Cobb County.
Surprisingly, these motions are more likely to succeed if defendants have a few blemishes, but no revocations, on their records. A Marietta criminal defense lawyer can argue these defendants are headed for revocation, a result that no one wants, unless the judge lightens the load.
Usually, if the defendant has completed one-third of the sentence and has paid all restitution, if any, the judge will consider an early discharge motion. The judge will most likely grant this motion if the defendant’s probation officer agrees to it, or at least agrees not to oppose it.
Sometimes, a Marietta criminal defense lawyer combines an early discharge motion with a motion to set aside the plea. If the judge grants that motion, the defendant’s criminal record is wiped clean. Judges rarely grant such relief, but like one of our law school professors said, the first rule of litigation is you don’t get anything unless you ask.
Post-conviction disputes are very common in Cobb County. For a free consultation with an experienced Marietta criminal defense lawyer, contact The Phillips Law Firm, LLC. Virtual, home, and jail visits are available.
What Qualifies as Harassment in GA?