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Raquel Nelson Goes to Appeals Court

The "jaywalking mom" will appeal a judge's decision in an attempt to have charges of her 4-year-old son's jaywalking death dismissed.

Raquel Nelson, the Marietta mom in the hit-and-run death of her 4-year-old son, will make her appeal Tuesday of a judge’s decision not to throw out charges of vehicular homicide and crossing outside a crosswalk in the jaywalking death.

Nelson's case is one of two on the calendar for the Georgia Court of Appeals, which has received filings in her appeal since the fall.

After a jury convicted Nelson of second-degree vehicular homicide, reckless conduct and crossing outside a crosswalk in July, Judge Kathryn Tanksley with the option for a retrial. Nelson .

Tanksley in October but denied a defense motion to dismiss the other two charges.

Nelson’s put her retrial on hold.

Lawyer Steve Sadow will make the case for Nelson's appeal Tuesday, The Atlanta Journal-Constitution reported.

A three-judge panel—Presiding Judge Charles B. Mikell and Judges M. Yvette Miller and Keith R. Blackwell—will hear the appeal.

Nelson’s 4-year-old son, A.J. Newman, was killed by a hit-and-run driver in April 2010 as Nelson and her three children tried to cross darkened Austell Road from a Cobb Community Transit bus stop to their Marietta apartment complex. The was a quarter-mile away.

The driver who hit the boy and drove away, Jerry Guy, served six months in jail in 2010 after pleading guilty.

The remote possibility that Nelson could be sentenced to three years in jail, six times as much as Guy served, contributed to , and outrage over her case.

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