Supreme Court of Georgia

Caldwell v. State

May 3, 2022313 Ga. 640

Summary

The court held that the evidence was sufficient under Georgia's accomplice-corroboration statute because the jury could reasonably find that the principal witness was not an accomplice, in which event her testimony required no corroboration. The court nevertheless reversed because the prosecutor improperly argued that his charging decision established that the witness was not an accomplice, and the trial court failed to provide a curative instruction. The State did not show that the error was highly unlikely to have contributed to the verdict.