State v. Harris

Summary

The Georgia Supreme Court reviewed the first grant of a new trial to Xavier Harris, who had been convicted of felony murder and related offenses arising from the shooting death of Ron Strozier and an alleged conspiracy targeting an individual known as “D-Bone.” Applying the deferential standard under OCGA § 5-5-50, the court held that the successor trial judge did not abuse his discretion in finding that the verdicts were against the weight of the evidence and granting a new trial. The judgment was affirmed.

Holdings

1. The superior court did not abuse its discretion in granting Harris a first new trial on the general grounds; the appellate court therefore affirmed the order.
2. Although a successor judge's discretion to grant a new trial is narrower than that of the judge who presided over the trial, the successor judge's order must still be reversed only upon a showing of abuse of discretion, which was not shown here.

Questions Presented

1. Whether the superior court abused its discretion by granting Harris a first new trial on the general grounds under OCGA § 5-5-50.
2. Whether the successor judge's narrower discretion, because that judge had not presided over the original trial, required reversal of the new-trial order.

Disposition

affirmed