Callaham v. State, 317 Ga. App. 513

Anthony Callaham was convicted of aggravated assault and firearm during a felony for shooting Kenneth Threats; first conviction reversed due to trial court displaying witness credibility, violating OCGA § 17-8-57.
On retrial, Callaham was again convicted of aggravated assault but the firearm charge ended in a hung jury.
The same judge sentenced Callaham to 15 years and later ordered restitution related to victim damages after the second trial.
On appeal, Callaham challenged (i) the Allen charge and (ii) the restitution order after retrial.
Evidence at the restitution hearing showed victim medical expenses, lost wages, and the State’s victim assistance funds; the court set restitution at $13,378.69.
The court noted that Pearce-based vindictiveness presumption applied, but found objective justification for the increased sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Allen charge was plain error	Callaham	State	No reversible plain error; charge permissible under case law.
Whether restitution after retrial was lawful and not vindictive	Callaham	State	Restitution properly awarded; Pearce presumption rebutted by objective record.
Whether Queen v. State controls restitution when no probation	Callaham	State	Queen no longer controls; statute amended; restitution may be ordered with other penalties.

State v. Kelly, 290 Ga. 29 (Ga. 2011) (plain-error standard for jury instructions)
Wasman v. United States, 468 U.S. 559 (U.S. 1984) (due-process limits on increased sentences)
North Carolina v. Pearce, 395 U.S. 711 (U.S. 1969) (presumption of vindictiveness in retrials)
Texas v. McCullough, 475 U.S. 134 (U.S. 1986) (clarifies vindictiveness and sentence enhancement)
State v. Greeson, 237 Ga. 193 (Ga. 1976) (Allen charge must include conscientious-conviction cautions (historical) but later limited)
Spaulding v. State, 232 Ga. 411 (Ga. 1974) (Allen charge considerations in Georgia)