Motions Denied, Conviction Upheld in Series of Post-Conviction Rulings in Walton and Newton Counties
WALTON COUNTY, Ga. — Recent post-conviction rulings in Walton and Newton counties have upheld multiple serious criminal convictions, with courts denying new trial requests and affirming a life sentence on appeal, officials said.
Durden Motion for New Trial Denied
On March 31, a trial court denied a motion for new trial filed by Kinterie Durden, who was convicted in November 2019 of the double murder of Davoddren Harris and Cortez White near Social Circle. Durden was sentenced to life without parole in early 2020.
The motion raised 13 claims of legal error and involved extensive proceedings, including multiple hearings, testimony from more than 15 witnesses, and the review of hundreds of pages of evidence. The case may now proceed to the Supreme Court of Georgia if an appeal is filed.
Wallace Appeal Moves Forward After Denial
Also on March 31, a Superior Court judge denied a motion for new trial filed by Michael Wallace, who was convicted of aggravated sexual battery and three counts of child molestation. Wallace was sentenced in November 2022 to 25 years in prison without parole, followed by life on probation.
Wallace has filed a notice of appeal, and his case will be reviewed by the Court of Appeals of Georgia.
Court of Appeals Affirms Brown Conviction
In a separate ruling issued April 7, the Court of Appeals affirmed the conviction of Jeffery O. Brown on charges including rape, aggravated child molestation, incest, enticing a child for indecent purposes, and electronically furnishing obscene material to a minor.
Brown had challenged the sufficiency of the evidence, but the court rejected those arguments and upheld his conviction and life sentence.
District Attorney Randy McGinley handled the post-conviction proceedings in each of the cases, with assistance from Senior Assistant District Attorney Jacqueline Fletcher and Chief Assistant District Attorney Cliff Howard in the Wallace matter.
Understanding the Post-Conviction Process
Officials said post-conviction proceedings often begin with a motion for new trial filed in the trial court, typically within 30 days of sentencing. These motions allow defendants to raise claims of legal error or challenge the legality of their sentence.
In some cases, defendants also argue ineffective assistance of counsel, which can lead to additional hearings and the appointment of new attorneys.
If a motion for new trial is denied, defendants may appeal to the appropriate appellate court. Most appeals are heard by the Court of Appeals of Georgia, while murder cases are reviewed directly by the Supreme Court of Georgia. Appellate courts review the record and legal arguments before issuing a decision to affirm or reverse a conviction.
