Supreme Court of Georgia

Maxwell v. the State (two Cases)

June 1, 2021311 Ga. 673

Summary

The court held that most of the superior-court charges against Maxwell and Washington were not barred by Georgia's statutory procedural double-jeopardy protections because the defendants failed to show that the charges arose from the same conduct or that the earlier firearm-possession charges were necessary to prove the later offenses. The court nevertheless held that one street-gang-activity count against Maxwell and two such counts against Washington had to be dismissed because they were expressly based on firearm-possession counts that had already been dismissed. The judgments were therefore affirmed in part and reversed in part.