The high court issued its decision Monday morning following an appeal in February by attorneys for Stephen Rucker.
In 2006, Rucker was indicted on charges of malice murder, felony murder and two counts of aggravated assault for an October 10, 2006 attack on Jeremy Kidd and on his sister, Tiffany Rucker. Kidd and Tiffany Rucker were boyfriend and girlfriend. The fight and ensuing death occurred at Tiffany Rucker's home in Royston.
At Stephen Rucker's first trial in 2008, he was acquitted of malice murder but the trial ended in a mistrial after the jury was unable to reach a verdict on
the remaining charges. At a retrial, the jury convicted him of felony murder and aggravated assault involving Kidd but acquitted him of the charge involving his sister. Rucker was sentenced to life in prison.
Rucker's attorney argues the trial court should have granted a mistrial when the prosecutor improperly injected Rucker's character into the second trial.
The Supreme Court disagreed and the life prison sentence stands.
http://accesswdun.com/article/2013/6/262152