Gainesville man loses appeal to state Supreme Court

ATLANTA - The state's highest court has let stand the conviction and life sentence given a Hall County man for a 2005 murder but took a dim view of of the judge's decision to leave the courtroom during a portion of jury selection.

James Berry of Gainesville, now 23, was convicted of killing Nicolas Rotunno by running over him with a car during a dispute at a birthday party in Lumpkin County.

The state Supreme Court unanimously rejected Berry's appeal but took note of the fact that the judge left the courtroom during part of the questioning of potential jurors.

The justices said the practice will not be condoned in the state and they will not hesitate to reverse convictions when it results in what they called "structural error."

http://accesswdun.com/article/2007/7/87300