Georgia 2025 2025-2026 Regular Session

Georgia House Bill HR130 Introduced / Bill

Filed 02/04/2025

                    25 LC 60 0059
House Resolution 130
By: Representative Crawford of the 89
th
 
A RESOLUTION
Compensating Mr. Sedrick Moore; and for other purposes.
1
WHEREAS, on the night of February 15, 1993, three men broke into a Colquitt County,2
Georgia, home where they robbed and sexually assaulted a woman at gunpoint; and3
WHEREAS, the victim was only able to identify one of the three perpetrators, Mr. Tyrone4
White; and5
WHEREAS, during his interview with police, Mr. White implicated Mr. Sedrick Moore and6
Mr. Kerry Robinson as the two other perpetrators; and7
WHEREAS, over six years after the incident, Mr. Moore was arrested in connection with the8
incident and charged, along with Mr. Robinson, with rape and other offenses related to9
robbery and possession of a firearm; and10
WHEREAS, Mr. White made a deal with the State for a more lenient sentence in exchange11
for his testimony against Mr. Moore and Mr. Robinson; and12
WHEREAS, both Mr. Moore and Mr. Robinson were tried at the same time; and13
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WHEREAS, at trial, despite giving several inconsistent statements to the police regarding
14
the incident, Mr. White's testimony was the primary evidence against Mr. Moore and Mr.15
Robinson; and16
WHEREAS, the only other evidence against Mr. Moore and Mr. Robinson was a statement17
from Mr. Johnny Brown, III, a neighbor of the victim, placing Mr. Moore in the area that18
night and testimony from a DNA expert that DNA from a sexual assault exam performed on19
the victim on the night of the incident matched Mr. Moore's and Mr. Robinson's DNA; and20
WHEREAS, on February 26, 2002, a jury convicted Mr. Moore of one count of rape, three21
counts of possession of a firearm during the commission of a crime, one count of armed22
robbery, and one count of burglary, and Mr. Moore was sentenced to 50 years' imprisonment;23
and24
WHEREAS, both Mr. Moore and Mr. Robinson maintained their innocence and pursued25
appeals of their convictions; and26
WHEREAS, in 2018, the Georgia Bureau of Investigation began using a new DNA testing27
method and Mr. Robinson sought new DNA testing as further post-conviction relief; and28
WHEREAS, the new DNA testing revealed that testimony by the State's DNA expert29
regarding the DNA from the victim's sexual assault exam was incorrect and did not support30
a valid DNA match to Mr. Robinson or Mr. Moore; and31
WHEREAS, based on this new DNA evidence, Mr. Robinson filed an Extraordinary Motion32
for New Trial (EMNT) and was ultimately exonerated on January 8, 2020, after the State33
declined to further prosecute his case; and34
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WHEREAS, Mr. Moore subsequently filed an EMNT and, on May 12, 2023, a Colquitt
35
County Superior Court Judge granted Mr. Moore's EMNT, after finding, among other things,36
that the testimony of Mr. White and the victim "barely resembled each other"; Mr. Brown37
had picked Mr. Moore out of a photo lineup, but had indicated at that time that he was not38
sure that Mr. Moore was the same person he had seen; and both the State and Mr. Moore had39
agreed that the DNA expert's testimony and results produced at trial were wrong and should40
not be considered; and41
WHEREAS, on August 28, 2023, the State moved for entry of an order of nolle prosequi,42
which a Colquitt County Superior Court Judge granted, thereby dismissing all charges and43
officially exonerating Mr. Moore after more than 21 years of wrongful imprisonment by the44
State of Georgia; and45
WHEREAS, the conviction, incarceration, and subsequent loss of liberty and other damages46
suffered by Mr. Moore occurred through no fault or negligence on his part, and it is only47
fitting, just, and proper that he be compensated for his losses.48
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF49
GEORGIA that the Department of Administrative Services is authorized and directed to pay50
the sum of $1,691,280.00 to Mr. Sedrick Moore as compensation as provided above.  Said51
sum shall be paid from funds appropriated to or available to the Department of52
Administrative Services and shall be paid subject to the provisions of this resolution.  After53
an initial payment of $558,122.40, the remainder of said sum shall be paid immediately into54
a commercial annuity account bearing interest at the prevailing market rate, payable in equal55
monthly installments over ten years beginning in 2026 with interest payable to Mr. Sedrick56
Moore.  The State of Georgia shall be entitled to a credit equal to the amount it pays under57
this resolution should Mr. Sedrick Moore recover damages as a result of a lawsuit against any58
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state official or employee acting in an official capacity whose tort liability for wrongful
59
conviction arises from the same circumstances as described herein, less any attorney's fees60
or costs Mr. Sedrick Moore paid in obtaining those damages.  Should Mr. Sedrick Moore61
recover damages totaling less than the amount the State of Georgia pays under this62
resolution, the State of Georgia shall be entitled to a partial credit no greater than the amount63
of damages Mr. Sedrick Moore recovers, less any attorney's fees or costs Mr. Sedrick Moore64
paid in obtaining those damages. Upon the death of Mr. Sedrick Moore, all payments and65
all obligations of the State of Georgia regarding any and all future payments with respect to66
the annuity shall continue to be made to his estate or heirs.67
BE IT FURTHER RESOLVED that any amount received by Mr. Sedrick Moore pursuant68
to this resolution shall be excluded from his taxable net income for state income tax69
purposes.70
H. R. 130
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