Shelnutt v. State

In Shelnutt v. State, 289 Ga. App. 528 (657 SE2d 611) (2008). the Court reversed Shelnutt's conviction of first degree arson because that count of the indictment was fatally defective. Id. at 531-532 (2). The Court affirmed her remaining convictions. In Shelnutt, the Court rejected Shelnutt's argument that the attorney had an actual conflict of interest because the defendants' alibi defenses were inconsistent. Specifically, the Court concluded that "their defenses were synergistic rather than antagonistic, and their representation by the same attorney did not give rise to any conflict of interest, potential or actual." Id. at 530 (1). In Shelnutt, the Court agreed with this argument and reversed Shelnutt's conviction of arson in the first degree and the sentence imposed thereon.