A divided Georgia Supreme Court has sent the case of a Malaysian woman convicted of cruelty to children back to the lower court, ruling that the trial judge should have explained his refusal to grant a new trial when the woman asserted that she failed to understand English well enough to participate in her trial.

The majority decision, written by Chief Justice Carol W. Hunstein and joined by Justices Robert Benham, Harold D. Melton and David E. Nahmias, said that Annie Ling’s lawyer’s decision not to seek an interpreter meant “she was effectively absent from her own trial.”

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