Neuman v. Georgia
Annotate this CaseIn 2016, a second jury found Hemy Neuman guilty of the malice murder of Russell Sneiderman, and possession of a firearm during the commission of a felony. Neuman’s 2012 convictions were reversed by the Georgia Supreme Court following his because the State had improper access to privileged notes and records of Neuman’s mental health experts during preparation of the State’s case. Neuman appealed his convictions from his second trial, arguing that because the first jury returned a verdict of guilty but mentally ill on the malice murder count, the second jury was collaterally estopped from returning a guilty verdict that did not include a finding of mental illness on that count. Neuman further contended the District Attorney’s Office for the Stone Mountain Judicial Circuit should have been disqualified from representing the State in his second trial because the office had access to the privileged information that resulted in the reversal of his first convictions. He also alleged the trial court erroneously limited his counsel’s examination of two defense witnesses. Finally, Neuman argued that, to the extent his trial counsel did not preserve objections during examination of these witnesses, such failure was ineffective assistance of counsel. Finding no reversible error in the second trial record, the Supreme Court affirmed Neuman's convictions.
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