battered syndrome

Defendant’s Battered Person Syndrome

The Georgia Court of Appeals has granted a new trial for a woman convicted of aggravated assault in Cobb County after determining her defense attorney failed to introduce evidence of Battered Person Syndrome (BPS). The Court noted that expert testimony could have supported her justification defense and helped the jury understand her response to years of abuse. The ruling underscores how effective legal counsel and awareness of trauma-based defenses can significantly impact the outcome of criminal cases in Georgia.

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Jury Charge

Failed Jury Charge Gives Defendant New Trial Opportunity

The Georgia Supreme Court granted a new trial after finding that the jury instructions in a Fulton County murder case failed to properly explain the justification defense.

The defendant, convicted of malice murder, argued that the trial judge neglected to instruct jurors that prosecutors must prove beyond a reasonable doubt that the defendant’s actions were not justified. The Supreme Court agreed, ruling that the omission undermined the fairness of the trial.

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