Supreme Court of Georgia

Barnes v. the State.

January 22, 2019305 Ga. 18

Summary

The court affirmed the denial of Barnes's motion for new trial after his murder conviction. It held that counsel was not ineffective for using an unfortunate phrase during cross-examination, declining to request a mutual-combat instruction, or striking rather than replacing the jury panel after a prospective juror's comment. The court also held that the trial court acted within its discretion by recharging the jury only on malice murder in response to the jury's question.