No. 20-7899

Christopher Middleton v. Georgia

Lower Court: Georgia
Docketed: 2021-04-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure due-process essential-elements harmless-error indictment-sufficiency jury-disbelief self-defense standard-of-review sufficiency-of-evidence
Key Terms:
DueProcess
Latest Conference: 2021-06-10
Question Presented (AI Summary)

Whether a finding of guilt can be predicated on the jury's disbelief of a defendant's statements where the defendant does not testify and the State fails to controvert the defendant's account of the incident and produce independent evidence of the essential elements of the crimes

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether a finding of guilt can be predicated on the jury’s disbelief of a defendant’s statements where the defendant does not testify and the State fails to controvert the defendant’s account of the incident and produce independent evidence of the essential elements of the crimes. Whether the Georgia Supreme Court applied the wrong standard of review when it held that the trial court’s refusal to charge self-defense was harmless error. Whether an argument that the indictment fails to allege an essential element of the crime within a single count is a challenge to the sufficiency of the indictment.

Docket Entries

2021-06-14
Petition DENIED.
2021-05-26
DISTRIBUTED for Conference of 6/10/2021.
2021-05-18
Waiver of right of respondent Georgia to respond filed.
2020-04-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 1, 2021)

Attorneys

Christopher Middleton
Frances C. KuoFrances C. Kuo, Attorney At Law, Petitioner
Georgia
Andrew Alan PinsonOffice of the Georgia Attorney General, Respondent