Supreme Court of Georgia

Capote v. State

October 31, 2024320 Ga. 191

Summary

The Court vacated the writ of certiorari as improvidently granted and denied Capote's petition because the record did not provide an adequate vehicle to resolve the broader dispute over Georgia's standards for reviewing criminal-case factual findings. The concurrence explained that even under the federal clearly-erroneous standard, the trial court's findings would not warrant reversal, so the choice between that standard and Georgia's any-evidence formulation would not affect the result. Justice Pinson joined the concurrence.