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STATE v. ABERNATHY

Nos. S14A0855, S14X0856.

764 S.E.2d 387 (2014)

The STATE v. ABERNATHY. Abernathy v. The State.

Supreme Court of Georgia.

October 6, 2014.

Attorney(s) appearing for the Case

William Jeffrey Langley , Dist. Atty., Blairsville, Jeremy David Clough , Asst. Dist. Atty., Hiawassee, Enotah Judicial Circuit District Attorney's Office, for appellant.

Douglas W. McDonald Sr. , McDonald & Cody, Cornelia, for appellee.

MELTON, Justice.

Following a November 17-21, 2008 jury trial, Samuel Mitchell Abernathy was convicted of malice murder in connection with the January 2008 stabbing death of Darrin Ramey and sentenced to life in prison. On December 19, 2008, Abernathy filed a timely motion for new trial, which he later supplemented by filing an extraordinary motion for new trial on April 1, 2010, alleging the discovery of new evidence. The trial court granted Abernathy's motion for...

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