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State v. Reid

The trial court erred in granting the defendants new trials, since it failed to properly fulfill its affirmative statutory duty to independently weigh the trial evidence.

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Nearly a year after a jury convicted Patricia Reid and Anthony Vincent Pope of various felonies, the trial court reversed the judgment of conviction and granted them new trials purportedly based upon the court’s doubts as to the credibility of a State witness. The State argues on appeal that the trial court erred in granting the new trials. Under the unique circumstances presented in this case, we agree.

The pertinent case history is as follows. In July 2013, Reid, Pope, and co-defendant Crawford Lewis were indicted in the Dekalb County Superior Court for violating Georgia’s Racketeer Influenced and Corrupt Organizations RICO Act OCGA § 16-14-4 and for theft by taking OCGA § 16-8-2 based upon their alleged joint conspiracy to redirect government contracts and misappropriate government property. Lewis was also charged under a separate indictment for obstructing an officer OCGA § 16-10-24 a. In October 2013, Lewis pled guilty to a misdemeanor in the obstruction of an officer case in exchange for a probationary sentence, a fine, and community service. As a condition of his plea, Lewis agreed to testify truthfully against Reid and Pope in their joint trial. Lewis testified in the November 2013 trial, and the jury subsequently convicted both Reid and Pope of RICO violations and also found Reid guilty of theft by taking.

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