Supreme Court hears oral arguments in Hannah Payne appeal
ATLANTA - The Supreme Court of Georgia heard oral arguments Wednesday morning in the appeal of Hannah Payne, who was convicted in the 2019 shooting death of Kenneth Herring.
What we know:
Payne was found guilty in 2023 in Clayton County of malice murder, felony murder, aggravated assault and other charges after prosecutors said she chased down Herring following a traffic crash and shot him. She was sentenced to life in prison with the possibility of parole, plus additional consecutive years.
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Hannah Payne's argument
What they're saying:
In her appeal, Payne argues her trial attorney provided ineffective assistance by failing to request jury instructions related to citizen’s arrest and the defense of others. Her attorneys contend the jury was not properly instructed that it could acquit her if it found she was attempting to stop a suspected impaired driver or protect others.
Payne also argues that Georgia’s citizen’s arrest law — which was repealed in 2021 following high-profile cases — should still apply to her defense because the shooting happened in 2019.
Attorneys for the state counter that Payne’s legal team made strategic decisions during trial and maintain the jury was properly instructed. Prosecutors previously argued Payne "played cop" when she followed Herring after the crash, leading to a confrontation that ended in his death.
During the original trial, Payne testified she was acting in self-defense, telling jurors she feared for her life during the encounter. Prosecutors disputed that claim, saying Herring was unarmed and not a threat.
The state Supreme Court is expected to issue a ruling within several months. Most cases are decided within six months of oral argument.
What happened in 2019
The backstory:
The case stems from a May 2019 incident in Clayton County in which prosecutors said Hannah Payne followed 62-year-old Kenneth Herring after witnessing him leave the scene of a traffic crash. Authorities said Payne pursued Herring in her vehicle, eventually cutting him off on the roadway. What followed was a confrontation between the two that ended with Payne firing a gun, killing Herring.
Prosecutors argued at trial that Payne unnecessarily escalated the situation, accusing her of "playing cop" by chasing down a driver she was not directly involved with. They said Herring was unarmed and that Payne detained him before shooting him. The state maintained the evidence, including 911 calls and witness testimony, showed Payne’s actions went beyond any reasonable attempt to help and instead led to a deadly encounter.
Payne’s defense attorneys told jurors she was trying to assist after witnessing what she believed to be a hit-and-run involving an impaired driver. Payne testified that she stayed on the phone with a 911 dispatcher and followed Herring to provide updates on his location. She claimed the situation turned violent when Herring allegedly grabbed her and that the gun discharged during the struggle, arguing she acted in self-defense.