Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Windhom v. State

No court ever found the co-defendant incompetent and he was found to be competent only months before the instant trial, thus the trial court properly allowed him to testify.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In Windhom v. State, 315 Ga. App. 855 729 SE2d 25 2012, we reversed Errol Windhom’s1 armed robbery conviction because of the improper admission of evidence. Windhom was retried and convicted of armed robbery a second time. He appeals this second conviction and sentence, arguing that the court erred by allowing a mentally incompetent co-defendant to testify. But he has not shown that the trial court abused its discretion in allowing the co-defendant to testify, given that the co-defendant was subsequently determined to be competent to enter a guilty plea. Windhom argues that the trial court erred in allowing a video recording to go out with the jury in violation of the continuing witness rule, but the video recording was original evidence not subject to the continuing witness rule. Windhom argues that the trial court erred in failing to give two requests to charge. We find that the trial court’s instructions covered the principles Windhom requested to be charged. We reject Windhom’s argument that the evidence does not support the conviction and that his sentence—within the statutory range—violates the United States and Georgia Constitutions. Accordingly, we affirm Windhom’s conviction and sentence.

1. The evidence was sufficient to support the conviction.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
Associate Litigator

Borteck & Czapek, P.C., based in Florham Park, is a boutique estates and trusts law firm specializing in estate planning and administrat...


Apply Now ›
Gwinnett County: State Court Staff Attorney

Gwinnett County State Court is seeking an attorney to assist the Judge by conducting a variety of legal research, analysis, and document pre...


Apply Now ›
Corporate Counsel

CORE RESPONSIBILITIES AND TASKS:(1) Tasks and responsibilities include:Reviewing and negotiating commercial agreements for internal business...


Apply Now ›
Go to Lawjobs