The Georgia Court of Appeals ordered a trial judge to reconsider an order denying a convicted rape defendant’s motion for a new trial, which languished for more than 10 years, during which time the man’s lawyer was disbarred and died.

The appellate decision said Houston County Superior Court Judge Edward Lukemire, who denied the motion, provided no evidence to support his decision that the defendant was not prejudiced by the delay and inability to interview the lawyer whose claimed ineffective representation resulted in his conviction.

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