Raquel Nelson's Jaywalking Case Headed Back to Cobb State Court

The case of Raquel Nelson, the Cobb mother who came into the national spotlight after her 4-year-old son was struck and killed as he crossed Austell Road in 2010, is headed back to the Cobb County State Court.

Nelson, who contended that her retrial was barred since the evidence was insufficient to sustain her conviction, appealed a Cobb judge's ruling to the Court of Appeals of Georgia. When that court last August affirmed the lower court's ruling, Nelson petitioned the Supreme Court of Georgia in September to issue a writ of certiorari to review the appellate court's decision.

With the exception of Chief Justice Carol W. Hunstein and Justice Robert Benham, the majority of the bench on Monday refused to review the case.

"We are disappointed that the Supreme Court did not grant certiorari review on the interpretation of the vehicular homicide statute or its application to a pedestrian," said Steve Sadow, Nelson's attorney. "We look forward to getting back before the trial court for the case to be retried."

On April 10, 2010, Nelson was crossing a darkened five-lane part of Austell Road with her son, A.J., and her two daughters a third of a mile from the nearest crosswalk.

A.J. pulled away from her and was struck and killed by Jerry Guy. Guy served six months of his five-year sentence in jail and was released on Oct. 29, 2010.

Nelson was convicted of second-degree vehicular homicide, reckless conduct and crossing a roadway outside a crosswalk, all misdemeanors punishable by up to a year in jail each.

Cobb State Court Judge Kathryn Tanksley sentenced Nelson to a year’s probation, then gave her the option to have a retrial. That's when Sadow got involved in the case.

With Sadow as her attorney, Nelson sought a dismissal of the charges based on double jeopardy.

Tanksley dismissed the charge of reckless conduct but upheld the other two charges, meaning Nelson could get two years in jail if convicted again.

Cobb Solicitor General Barry E. Morgan had argued in his Oct. 2, 2012, response to Nelson's most recent petition that "certiorari is only appropriate in cases of great concern, gravity and importance to the public. Because Petitioner’s argument is merely one of statutory construction, the case does not meet the criteria for the granting of certiorari."

With Monday's development, it's back to square one for Nelson.

"Everything that normally happens at a first trial can happen at this (new) trial," Sadow said.

There is nothing on the lower court's calendar, and an official there said this afternoon that the case is on hold.

Related content

• Aug. 13, 2012: Jaywalking Mom Arrested on Eluding Police Charge
• April 29, 2012: Marietta Man Killed Crossing Austell Rd.
• April 17, 2012: Lawyer: Raquel Nelson Trial Pointless
• April 17, 2012: Raquel Nelson Goes to Appeals Court
• Feb. 25, 2012: Another Death Crossing Austell Road
• Dec. 28, 2011: Raquel Nelson Case Called One of 10 Worst Transportation Failures
• Nov. 14, 2011: Raquel Nelson Appeals for Dismissal
• Oct. 24, 2011: Nelson's Trial Delayed
• Oct. 17, 2011: Nelson's Ex-Husband Supports Initial Conviction
  
• Oct. 17, 2011: Charges Stand Against Raquel Nelson
• Oct. 5, 2011: 1 of 3 Charges Dropped Against Nelson
• Aug. 10, 2011: Attorney for Jaywalking Mom Wants Not-Guilty Verdict
• Aug. 5, 2011: No New Crosswalks Planned for Austell Road
• Aug. 3, 2011: Marietta Jaywalking Mom Chooses to Have New Trial
• July 26, 2011: Nelson's Supporters Speak Out
• July 26, 2011: Raquel Nelson: 'I'm Walking out of Here'
• July 25, 2011: Convicted Mom: 'This Will Never End'
• July 25, 2011: 
• July 23, 2011: Civil Rights Leaders Gather to Support Mother Convicted of Vehicular Homicide
• July 15, 2011: Marietta Mother Convicted of Vehicular Homicide