Supreme Court of Georgia

Virger v. the State. Cave v. the State.

February 18, 2019824 S.E.2d 346

Summary

The court affirmed Virger's and Cave's convictions, holding that the evidence was legally sufficient to support the challenged murder, child-cruelty, and aggravated-sexual-battery convictions. It also upheld the joint trial, the rulings concerning jury selection and courtroom separation, the evidentiary rulings, the exclusion of Cave's battered-person-syndrome and PTSD testimony, and the denial of a continuance. The court rejected the use of diminished-capacity evidence to negate criminal intent or support coercion outside the defenses authorized by Georgia law and expressly disapproved contrary precedent.