Supreme Court of Georgia
Smith v. State
December 20, 2022315 Ga. 287
Summary
The court held that an extraordinary motion for a new trial may be supported by new expert analysis of existing medical evidence and that Smith pleaded sufficient facts to warrant an evidentiary hearing. The trial court improperly resolved disputed questions about whether the medical developments and expert opinion were newly discovered and whether Smith exercised due diligence without holding a hearing. The court vacated the denial and remanded for the trial court to reconsider the motion after an evidentiary hearing.