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Georgia Appeals Court Agrees to Grant New Trial in “Peeping Tom” Case

In Edge v. The State, Timothy Dwight Edge appealed the denial of his motion for a new trial after he was convicted on a “peeping Tom” charge. In his appeal, Edge argued the following:

  • There was not enough evidence to support the verdict.
  • Misconduct on the part of one or more jurors played a role in the guilty verdict.
  • He received ineffective legal assistance from his trial attorney.
  • The trial court erred by admitting certain types of evidence.

Although the appeals court did find there was sufficient evidence to support the verdict, it reversed the denial of Edge’s motion for  a new trial. The appeals court found reason to believe there was, in fact, harm caused from juror misconduct.

Increasing tensions lead to criminal charges

The issue behind the case arose out of bad blood between Edge and his neighbors, the Storey family. The Storeys alleged that, after years of increasing hostility, Edge would routinely yell at them while outside and make threatening motions. He eventually placed a camera on his property aimed at the Storeys’ front porch and was seen hiding in bushes.

Edge was indicted on one peeping Tom count, and a jury found him guilty. However, after the trial, one of the jurors told his wife that some of the jurors used their cellphones during deliberations to look at maps of the area in which the homes were located. The wife told the prosecutor, who passed the word on to defense counsel, at which point Edge filed a motion for a new trial.

The appeals court ruled that the behavior of these jurors was reason enough for the court to grant a new trial, even if there was evidence of wrongdoing.

To learn more about your options if you’ve been charged with a crime, consult a knowledgeable Georgia criminal defense attorney at James D. Michael, P.C. Call our office at 404-857-4059 or contact us online today.