For a prosecutor's office, a jury verdict finding someone guilty is often not the end of the hard work. Any criminal defendant that is found guilty after a trial has multiple routes to challenge the conviction and/or sentence. After highlighting some of the recent post-conviction decisions in Walton and Newton, I provide more information about that process further below.
Kinterie Durden: Double Murder - Motion for New Trial Denied
Michael Wallace: Aggravated Sexual Battery & Child Molestation - Motion for New Trial Denied
Jeffery Brown: Rape and numerous other offenses - Court of Appeals Affirms Conviction
On March 31, the trial court issued a 60+ page order denying the Motion for New Trial of Kinterie Durden. In November of 2019, Durden was convicted of the double murder of Davoddren Harris and Cortez White just outside Social Circle. Then in early 2020, Durden was sentenced to Life Without Parole. The Motion for New Trial process went through a judicial retirement and numerous attorneys being appointed to Durden's case. It involved numerous complicated legal issues, including the life without parole sentence for a juvenile defendant. Multiple days of hearings were held on the Motion with more than 15 witnesses testifying, including both of Durden's trial attorneys and a mental health expert. Additionally, hundreds of pages of additional records and evidence were presented to the trial court on this Motion. Both the State and Defense filed lengthy Briefs arguing the law and the facts.
Durden claimed 13 legal errors with each claim having multiple subparts. Ultimately, the trial court denied the Motion for New Trial. If the Defendant timely files a Notice of Appeal, the case will then move onto the Supreme Court of Georgia. The post-conviction proceedings have been handled by District Attorney Randy McGinley. The full Order can be read here:
Also on March 31, the Superior Court issued an Order Denying the Motion for New Trial of Michael Wallace. Wallace had been convicted of Aggravated Sexual Battery and three counts of Child Molestation. In November of 2022, he was sentenced to 25 years in prison, without parole, followed by life on probation. Wallace raised numerous issues and presented multiple witnesses over two days worth of hearings on the Motion. District Attorney Randy McGinley, Senior Assistant District Attorney Jacqueline Fletcher, and Chief Assistant District Attorney Cliff Howard handled the Motion for New Trial proceedings. Wallace has filed a Notice of Appeal and the case will move to the Court of Appeals. This Order can be read here:
Lastly, on April 7, the Court of Appeals issued an Opinion affirming the conviction of Jeffery O. Brown for Rape, two counts of Aggravated Child Molestation, three counts of Incest, one count of Enticing a Child for Indecent Purposes, and one count of Electronically Furnishing Obscene Materials to a Minor. The Defendant's appeal challenged the sufficiency of the evidence. However, the Court of Appeals rejected this argument in upholding his conviction and life sentence. The appeal was handled by District Attorney Randy McGinley. The Opinion can be read here:
Information on the post-conviction process:
Generally, the post-conviction matters start in the trial court with a defendant filing a Motion for New Trial. This asks the trial court to grant a defendant a new trial based on some claim of legal error in the trial. A defendant can also challenge the legality of the sentence in this Motion. While a defendant must file an initial motion within 30 days of the sentencing being filed with the Clerk of Court, the work on this Motion really cannot start until the trial transcript is completed, which can take months depending on the length of the trial and how busy the courts are.
Additionally, defendants often claim that their trial attorney was constitutionally "ineffective" and they should be entitled to a new trial due to that attorney's deficiencies. When this happens, the trial attorney cannot continue to represent the defendant. And, on cases where a defendant is sentenced to a lengthy prison sentence, they are often entitled to an appointed attorney. This process of finding qualified defense attorneys who also have sufficient time to handle very serious matters can cause further delay in this post-conviction process.
Ultimately, a hearing is often scheduled to present evidence and argument on the Motion for New Trial. These hearings can be very short, with a single witness lasting 30 minutes, or can be very long, with numerous witnesses lasting multiple days. If a Motion for New Trial is denied by the trial court, a defendant then has the right to appeal that decision to the appropriate appellate court (a defendant has the right to skip the motion for new trial stage and proceed directly to an appeal).
Most appeals start with the Court of Appeals of Georgia. However, murder cases go directly to the Supreme Court of Georgia. The entire record of the case must be transmitted from the Clerk of Court to the appellate court. Both the defense and prosecution then submit briefs (which an be quite lengthy). Then, the appellate court issues what is called an "opinion" where they can affirm (uphold) of reverse a conviction (or just parts of it).
