ALBANY, Ga. (WALB) - The Dougherty County District Attorney will argue in the state’s highest court that a woman convicted of murder should not be immune from prosecution.
The State is appealing a Dougherty County judge’s ruling that Marlina Hamilton, who was previously convicted of murdering her ex-husband, then granted a new trial, is now immune from prosecution.
This is the second time this case has come before the state Supreme Court.
According to her testimony at her murder trial, the evening of Oct. 11, 2010, her ex-husband Christopher Donaldson became angry at her and started punching his fists and threatening Hamilton in her Habersham Road home. Hamilton grabbed a gun that she had under the sofa and shot him twice in the lower body.
He then began beating and choking her as they wrestled for the gun. He pointed the gun at her, but she was able to remove the magazine.
The 33-year-old Hamilton was found guilty of felony murder, aggravated assault, and aggravated battery family violence March of 2011. She was sentenced to life in prison.
On Feb. 26, 2018, Hamilton’s attorney filed a Motion for Immunity from Prosecution. Following a hearing, on April 26, 2019, the trial court granted the motion. The State now appeals again to the state Supreme Court.
The Attorneys for the State are District Attorney Gregory Edwards, and H. R. Moroz, Asst. D. A.
The attorney for Hamilton is William Godfrey.