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State v. Hill

The trial court relied on a clearly erroneous finding of fact as the foundation for its grant of the murder defendant's extraordinary motion for new trial.

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This is an appeal by the State from the grant of David Hill’s extraordinary motion for new trial following his convictions and sentencing for felony murder and two aggravated assaults. For the reasons which follow, we reverse.

In 2002, Hill, Orlando Culler, and Trayeon White were jointly tried and convicted of the November 18, 2001 felony murder of Alvita Waller and the aggravated assaults of Terrell Mills and Anthony Hunter. Hill was sentenced to life in prison for felony murder and to two probated sentences of fifteen years for two counts of aggravated assault, to be served concurrently to each other and consecutively to the sentence for felony murder. Hill filed a motion for new trial on December 13, 2002, and amended it on April 18, 2003; the motion was denied on July 17, 2003. Hill and his co-defendants appealed to this Court, and their convictions were affirmed in 2004. See Culler v. State, 277 Ga. 717 594 SE2d 631 2004. Approximately eight years later, on April 11, 2012, Hill filed an extraordinary motion for new trial, which he amended on April 23, 2013, and again on May 29, 2013. The judge who presided over the trial and subsequent motions had retired, so a successor judge heard Hill’s extraordinary motion for new trial. Following the hearing, that court issued an order on October 22, 2013, granting Hill a new trial. The State filed a motion for reconsideration on October 24, 2013, and the court entered an order on November 6, 2013, withdrawing its prior order. After another evidentiary hearing, on December 30, 2013, the successor court again granted Hill’s extraordinary motion for new trial.

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