Legal Opinion

Fortson v. State

Supreme Court of Georgia

Decided October 6, 2003No. S03A1169PublishedCited by 15 opinions

1Opinion of the Court

Fletcher, Chief Justice.

A jury in Madison County convicted Tracy Lea Fortson of malice murder and related crimes for the killing of Douglas Benton.1 Because we find that Fortson was denied the effective assistance of counsel when her attorney unnecessarily used a peremptory strike on a juror that had already been excused for cause by the trial court, we reverse and remand for a new trial.

1. The evidence presented at trial shows that on June 17, 2000, neighbors of Benton became concerned because they had not seen him since June 4, 2000. The neighbors alerted the police and informed them that…

2Cases cited9 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jackson v. VirginiaSupreme Court of the United States · 1979
  3. Smith v. FrancisSupreme Court of Georgia · 1985
  4. Tate v. StateSupreme Court of Georgia · 1994
  5. State v. StephensSupreme Court of Georgia · 1984

4 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Willis v. StateSupreme Court of Georgia · 2018
  2. State v. JonasSupreme Court of Iowa · 2017
  3. Shields v. StateCourt of Appeals of Georgia · 2011
  4. Welbon v. StateSupreme Court of Georgia · 2018
  5. Terrell v. StateSupreme Court of Georgia · 2022

10 more not listed; retrieve them via the Exa API.

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