Woman who chased down, killed driver who left crash scene appeals to Georgia Supreme Court

The Georgia Supreme Court will hear an appeal from a woman convicted of murder in the death of a hit-and-run driver.

In May 2019, Hannah Payne shot and killed Kenneth Herring at the intersection of Forest Parkway and Riverdale Road after seeing him leaving the scene of a minor accident.

Prosecutors said Herring may have been sick at the time of the hit-and-run incident. After the accident, Payne followed Herring, confronted him and shot him, police said.

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All arguments from the Georgia Supreme Court hearing will be broadcast live on Channel 2 Action News at 4:00 p.m.

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A jury found Payne guilty in 2023, and the judge sentenced her to life in prison with the possibility of parole.

Payne later appealed to the Georgia Supreme Court, which agreed to hear her case Wednesday morning.

She argued that her attorney failed to provide her with “adequate representation” when he did not request jury instructions to consider a citizen’s arrest or defend someone else. Payne argued she feared for her life and that’s why she shot Herring.

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Georgia repealed its citizen’s arrest statute in 2021, but Payne argued that the statute should not be retroactive and should apply to her defense. The State supports the jury’s instructions and verdict.

The Georgia Supreme Court will hear Payne and other cases starting at 10 a.m. Wednesday.

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