Kemp v. Georgia

Derek Kemp, Harvey Hogans, and Alphonso Watkins appealed their convictions for malice murder and other crimes in connection with the shooting death of Derek Gray. Kemp and Watkins challenged the sufficiency of the evidence to support their convictions, and all defendants raised various challenges to the testimony of Steve Lewis, a fellow gang member. Watkins also argued the trial court erred in permitting a “non-examining doctor” to testify about the post-mortem examination of the victim. The defendants also purport to “preserve” certain claims to the extent they may be applicable in future habeas proceedings. The Georgia Supreme Court concluded the evidence was sufficient to sustain the defendants’ convictions, there was no error in admitting or refusing to strike Lewis’s testimony, and the so-called “non-examining doctor” was the medical examiner who was allowed to testify about the autopsy he performed on the victim. The defendants’ claims that they wished to “preserve” certain arguments failed because the Court determined defendants did not raise any meaningful arguments on appeal in this respect. The Court therefore affirmed their convictions. View "Kemp v. Georgia" on Justia Law