Murder conviction reversed

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January 28, 2008

ATLANTA, Ga.---The Georgia Supreme Court has reversed the murder conviction of Calvin Wayne Foster of Augusta.

He was convicted and sentenced to life in prison following the 2005 shooting death of his estranged wife, Daphne Jenkins Foster.

Foster confessed the couple argued, she tried to run, and he chased her next door and shot her.

Today's unanimous court ruling found the evidence surrounding Foster's mental state was conflicting. It also said the judge failed to define "mentally ill" and "mentally retarded" for the jury.

In the case, there was evidence Foster had learning disabilities, depression and anxiety and a mental age of about 14.

The crime happened in Sept. 2005 on Kohosh Court, off Old Savannah Rd.

A News 12 script at the time indicated Foster turned himself in to deputies and was charged with malice murder and possession of a weapon.

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