Capote v. State

Summary

The Supreme Court of Georgia vacated its writ of certiorari as improvidently granted and denied Capote's petition, leaving the Court of Appeals' disposition undisturbed. Justice Warren concurred because the record did not provide a suitable vehicle for deciding whether Georgia's any-evidence and clearly-erroneous standards should be distinguished or whether existing precedent should be overruled. The concurrence nevertheless explained that, for now, Georgia law treats the standards as equivalent in criminal appeals.