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STATE v. GATES

S19A1130 S19X1131.

840 S.E.2d 437 (2020)

The STATE, v. GATES. Gates, v. The State.

Supreme Court of Georgia.

Decided: March 13, 2020.

Attorney(s) appearing for the Case

Patricia B. Attaway Burton , Deputy Attorney General, Sabrina Dawn Graham , Assistant Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Christopher M. Carr , Attorney General, Channell Veena Singh , Assistant Attorney General, DEPARTMENT OF LAW, 40 Capitol Square, S.W., Atlanta, Georgia 30334, Julia Anne Fessenden Slater , District Attorney, Frederick Lewis , A.D.A., CHATTAHOOCHEE JUDICIAL CIRCUIT DISTRICT ATTORNEY'S OFFICE, 100 Tenth Street, Columbus, Georgia 31902-1340, for the State.

Patrick Mulvaney , Katherine L. Moss , SOUTHERN CENTER FOR HUMAN RIGHTS, 83 Poplar Street, NW, Atlanta, Georgia 30303, Clare Melissa Gilbert , GEORGIA INNOCENCE PROJECT, 1458 Church Street, Suite F, Decatur, Georgia 30030, for Gates.

In these cases, both the State and Johnny Lee Gates appeal from the grant of Gates' extraordinary motion for new trial by the trial court. In Case No. S19A1130, the State argues that the trial court abused its discretion when it determined that Gates should receive a new trial because of the discovery of new DNA evidence that is...

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