‘Nonexistent’: Georgia Woman Who Chased, Gunned Down Black Man Who Was in a Hit-and-Run Accident with Another Motorist May Walk Free Because of AI
A woman convicted of killing a man more than five years ago may get a new trial after the Georgia Supreme Court learned the prosecutor used artificial intelligence that provided inaccurate information.
Clayton County Assistant District Attorney Deborah Leslie was suspended Thursday for six months from practicing law in front of the Georgia Supreme Court. Her filings came in a murder conviction appeal that made its way to the Georgia Supreme Court in March.
Hannah Payne, 27, received life in prison plus 13 years after her murder and false imprisonment convictions. She was convicted of the death of 62-year-old Kenneth Herring and a felony firearm possession charge.
According to investigators, the incident happened in 2019 after Herring ran a red light in his Dodge pickup truck. Police said Herring then crashed into an 18-wheeler. Both drivers waited for officers to arrive.
Payne and an officer with the Georgia Department of Corrections, Terry Robinson, witnessed the crash and ran over to help. Robinson worked in the infirmary at a local prison and noted Herring looked disoriented.
Payne and Robinson stayed with both drivers for about 20 minutes waiting for the police when Herring got into his truck and drove away, court documents say.
The Shooting
The defense claimed Robinson encouraged Payne to follow Herring to get his license tag number. She also reportedly called 911, and the dispatcher told her to return to the accident and not to follow Herring.
Payne argued she was following Herring because she was worried he might cause another accident.
About a mile away from the original crash site, police say Payne got out of her Jeep. She approached Herring’s truck. The defense claimed he revved his engine and tried to run Payne over.
According to a motion from the defense, Herring grabbed Payne by the shirt and pulled her closer to his vehicle’s window. She told investigators that she then pulled out a semi-automatic 9mm that was holstered to her hip, before struggling for control of it from Herring, and ultimately shooting him.
Herring was pronounced dead less than an hour later.
According to prosecutors, Herring never got out of the truck, and his blood toxicology report showed no drugs or alcohol in his system.
His wife told WXIA in 2019 that she believed her husband was experiencing a diabetic episode and was trying to get to a hospital.
Review of Payne’s Murder Conviction
Fast forward to March of this year, and Payne’s appeal in front of the Georgia Supreme Court, where the state of Georgia was asked to explain itself, citing issues with Leslie’s filings.
On appeal, Atlanta News First reports Payne claimed her counsel provided ineffective assistance by failing to seek a jury instruction on citizen’s arrest and by sailing to seek an instruction on defense of others.
According to the State Supreme Court’s opinion, released on Tuesday, Leslie acknowledged the use of AI to draft the state’s reply, briefs, and the order that the district court used to deny Hannah Payne’s motion for a new trial.
Court documents say the brief contained “nonexistent cases,” and that they all came to light during Payne’s appeal when “Leslie once again cited cases that do not stand for the proposition asserted.”
Leslie also identified 12 additional cases in her briefing that were AI-generated but “were not independently verified and do not stand for the propositions for which they were offered,” according to the opinion.
Attorneys Use AI
Leslie is not the first lawyer to do this. In 2023, NPR reports attorney Steven A. Schwartz used ChatGPT to research precendents in a personal injury lawsuit. He got caught making up cases, similar to Leslie.
In another instance, attorneys representing MyPillow in a defamation lawsuit in 2025 were caught using AI to generate over two dozen cases, according to NPR.
Both cases resulted in hefty legal fines.
The opinion ordered Leslie to complete 12 hours of legal education beyond the hours required to maintain active membership in the State Bar of Georgia, consisting of sessions on ethics, brief writing, and the proper use of artificial intelligence in the legal system.
The Georgia Supreme Court has since remanded the appeal back to the trial court, ordering the judge not to use filings from the prosecution or the defense in preparing her new ruling on whether Payne will be granted a new trial.