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Prison Justice
Former lawyer will probably be retried for homicide after high Georgia court docket overturns conviction
Prosecutors are planning to retry a former Atlanta lawyer after his homicide conviction was overturned Tuesday by the Georgia Supreme Courtroom. (Photograph from Shutterstock)
Prosecutors are planning to retry a former Atlanta lawyer after his homicide conviction was overturned Tuesday by the Georgia Supreme Courtroom.
Bryan Keith Schmitt was convicted in September 2022 for hitting a person along with his Mercedes in July 2019. Prosecutors alleged that Schmitt hit Hamid Jahangard in a match of rage after he threw or bounced a golf ball into the Mercedes.
The Georgia Supreme Courtroom reversed Schmitt’s convictions for malice homicide, felony homicide based mostly on aggravated assault and aggravated assault.
The state supreme court docket stated the trial court docket erred by failing to instruct jurors on Schmitt’s protection that the incident was an accident, report the Atlanta Journal-Constitution and WSB-TV.
Schmitt was a senior counsel at software program growth firm Manhattan Associates at the time of the incident.
Schmitt contended that the accident was brought about when he tried to make a U-turn to enter a driveway by Jahangard, misjudged the turning radius of his automobile, and turned his wheel to keep away from hitting rubbish cans. The entrance left nook of Schmitt’s automobile struck Jahangard, Scmitt’s skilled testified.
Schmitt left his automobile to present help to Jahangard after he struck him. He didn’t go away the scene till cops allowed him to go house.
The Georgia Supreme Courtroom stated the trial decide wrongly informed jurors to not take into account the opportunity of an accident as a key authorized precept within the case.
“Though there was actually proof supporting the state’s idea that Schmitt acted with malice,” the state supreme court docket stated, “that proof was disputed and never overwhelming. That is particularly so when undisputed proof confirmed that Schmitt turned his automobile away from Jahangard such that solely the sting of his automobile struck Jahangard.”
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