More evidence that Overstreet, is a judge in name only. His judicial abilities are shameful.
ATLANTA --- A judge's comments led the Georgia Supreme Court on Tuesday to overturn the murder conviction of a Columbia County man who confessed twice to killing his mother.
The high court concluded that Tom Chumley was undeniably guilty, but that Superior Court Judge J. Carlisle Overstreet's comments about the confessions were clearly prejudicial to the jury.
In the decision, Justice George Carley wrote, "Construing this evidence most strongly in support of the verdicts, it was sufficient to authorize a rational trier of fact to find proof beyond a reasonable doubt that Chumley was guilty of malice murder and possession of a firearm during the commission of a crime."
Mr. Chumley was indicted on murder and weapons charges in April 2004, after authorities said he confessed to shooting Meredith Pete Guy, 74, who was found dead in her Twin Lakes Drive home Feb. 28, 2003.
An autopsy revealed that she died of two .22-caliber gunshot wounds to her upper back and head.
Mr. Chumley was sentenced in March 2005 to life in prison plus five years.
During the trial, Mr. Chumley's attorney, Richard Allen, acknowledged that the confessions were voluntarily made but said they were also false. On the witness stand, Mr. Chumley denied the crime and said the stress of being publicly named a suspect, marital problems and mental illness made him confess.
In his comments to the jury, Judge Overstreet noted that the confessions were made voluntarily. Justice Carley said they should have been presented without comment.
"Any reasonable juror, having heard (Judge Overstreet's) comments, might well construe them as an expression of opinion on the credibility of the admissions contained in the statements," he wrote.
The seven justices concluded that the comments required a new trial. No date has been set.
Comments
More evidence that Overstreet, is a judge in name only. His judicial abilities are shameful.
This sounds like the song. "The Night the Lights went out in Georgia" ! Free Mr. Chumley !
This is a joke of a system. If judges makes comments that are running the risk of getting these convitions tossed out then they should be held accountable for these mistakes and maybe pay out some court costs that these mistakes cost taxpayers. I bet then they will keep their mouth shut when not needed.
What Judge Overstreet said was entirely reasonable and only echoed the statements of the defendant's lawyer. While that may not be proper in the eyes of the higher court, it certainly doesn't reflect on the ability or competence of Judge Overstreet.
The trial judge didn't throw out the conviction, the appeals court did. Blame them.
A waste of more of my tax dollars!
I second 97jeep's motion. Bills for the DA Office's time should be sent regularly to Overstreet as the re-trial proceeds, and copies published in the papers.
I also pay taxes, and if the supreme court rules that Mr. Chumley deserves a new trial, then so be it. Why shouldn't he?
He's still guilty and he knows it! Even the Supreme Court knows it!! Overstreet is a great and fair judge and I do not agree with the Supreme Court's decision and they will be to blame if he is released and kills again. Which relative will he hurt next? I mean really, if he can kill his mother (the person who gave him life) wouldn't it be easy for him to kill another relative or anyone else for that matter?
If the high court concluded that Chumley was undeniably guilty, why are we even bothering with a new trial? The jury said guilty, the judge said guilty, the high court said guilty. What's the problem?
And so if the judge agrees with the defendant's lawyer, then the verdict was unfair? Say what?
Sooooo. The dude did it...admitted twice to doing it. The judge said he admitted it.....and.....now he gets a new trial...Eh, yeh, legal system do good job. Really good job. Yeh...nice one. Justice is blind...and mildly retarded in the United States. But don't worry about it. American Idol is getting ready to start again. YAY!!!
Any excuse to cry it was someone else's fault. He admitted it, then wants to blame someone else for his predicament and the judge catches the heat. The only blame in this whole case goes to the murdering weasel who won't stand up for what he did.
Maybe, just maybe the mental Illness issue and the pressure from all the stress from the police and the DA, the man is not guilty. Would you not want a new trial? I do not believe he is guilty. I have known this man for 25 years, He was a scout leader, he started a foundation called Wispering Winds, Good father and worked at University Hospital for 20 years. I can not believe he just snapped and shot his Mom. He served in the Army as a medic. Maybe we are to quick to judge.
To BEACH BRAT: If he didn't do it , then who did?
To Beach Brat: At first I wasn't going to respond to this thread but I couldn't keep silent any longer. This will be my only post.
I have known all parties involved in this form as far back as the 60's. Tom was no angel by any means. He was never in the army, he was in the navy. He tried to lead people at the hospital to believe he was a x-navy seal, he was just a "wanabee" he collected navy seal memorabilia and had a whole room dedicated to it at his house when he was arrested(CONFESSED) for killing his mother. Meredith, (Pete to her friends) was the most kind and loving person you will ever meet in your life. She would literally give you the shirt off her back if she thought you needed it. She is missed dearly by all that knew her.
The judge makes a determination, outside the presence of the jury, whether the statement is "voluntary" and thus admissible. Then, and only then, is the statement allowed to be presented for the jury's consideration. The judge is not allowed to tell the jury that he has determined it to be voluntary, since that is a jury question. Judges read from what is known as a "pattern book" ; sometimes the "pattern book" has to be changed because it is not perfect.
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