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State to appeal new trial in Barrow County murder case

By B.J. Williams
Posted 7:13AM on Monday 6th May 2019 ( 5 years ago )

The Supreme Court of Georgia will hear oral arguments in 11 cases this week, including an appeal from the State of Georgia on a Barrow County judge's decision to grant a new trial to a man convicted of murdering his nephew in 2015.

The case involving Paul Lamar Hamilton's murder conviction and life prison sentence goes before the high court Tuesday, May 7. 

Hamilton, a former Magistrate Court Judge in Barrow County, was convicted in October 2018 in the shooting death of his nephew Brandon Lay. The shooting occurred following what Hamilton claimed was a theft from a mobile home that he and his nephew had shared for a time. 

Immediately after Hamilton's conviction on charges of felony murder and aggravated assault, the trial judge granted a new trial, saying he had erred in his instructions to the jury 

The State will argue the trial court "erred in granting a new trial because the error in charging the jury on self-defense and intent actually helped the defendant." according to information released by the high court. The State has written that the trial judge substituted his judgment for "no discernible legal or factual reason."

Follow the links below for previous news stories on the case:

https://accesswdun.com/article/2015/10/343560/barrow-co-authorities-investigate-weekend-homicide

https://accesswdun.com/print/2018/10/729192/barrow-county-judge-sentences-convicted-murderer-then-orders-new-trial

 

http://accesswdun.com/article/2019/5/791911/state-to-appeal-new-trial-in-barrow-county-murder-case

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