Christopher Middleton v. Georgia
DueProcess
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
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.