A Buford woman convicted in the 2015 murder of her husband is appealing her conviction to the Supreme Court of Georgia.
Justices are set to hear arguments on Tuesday, Dec. 8. at 10 a.m.
Liubov Volkova is currently serving a sentence of life in prison with no chance of parole for the shooting death of her husband Jordan Whitson. Volkova was convicted in August 2018 on charges of malice murder, felony murder and aggravated assault.
According to information released by the court, the deadly shooting happened at the couple's home on Hampton Park Drive on Halloween night in 2015 after the couple returned home from an evening of trick-or-treating with their toddler son and another family. Volkova and Whitson were arguing when they met up with the family, according to court testimony and Volkova apparently told the other woman about trouble that she and her husband had been having in their relationship.
"Following trick-or-treating and time with their friends on Oct. 31, Volkova and Whitson returned home around 11:00 p.m. At 1:37 a.m. on Nov. 1, 2015, Volkova called 911 and said her husband had been shot," reads the court narrative. "Police and an investigator with the Gwinnett County Medical Examiner’s office arrived at the home where they found Whitson at the bottom of the stairs with a fatal gunshot wound to his right cheek."
Volkova told officers she had been in the bedroom getting ready for bed when she heard a gunshot and what sounded like her husband falling down the stairs. She told them she came out of the bedroom and found him at the bottom of the stairs. She also said she picked up the gun and placed it on the dresser in the bedroom.
Investigators determined the gunshot wound was not self-inflicted and later charged Volkova with her husband's murder.
Volkova's attorneys plan to argue that because their client is Ukrainian, there was a language barrier between Volkova and police who conducted the interview and informed her of her rights. Her attorneys also claim she had ineffective counsel from her trial lawyer, which was a violation of her constitutional rights.
