Supreme Court of Georgia Decisions 2022
Date: December 20, 2022
Docket Numbers: S22A0857, S22A0986
Justia Opinion Summary: Appellants Tyree Tabor and Donny Spear were tried together and convicted of malice murder and other offenses in connection with the 2016 shooting death of Nicholas Miller. Although the defendants raised different…
Date: December 20, 2022
Docket Number: S22A0958
Justia Opinion Summary: Patricko Davis was convicted of felony murder and other crimes in connection with the July 2014 shooting death of Takeenan Williams. On appeal Davis argued: (1) he was denied his constitutional right to a speedy trial;…
Date: December 20, 2022
Docket Number: S22A1005
Justia Opinion Summary: Jordy Moore was convicted of malice murder and other crimes arising from what began as a group fistfight and ended with the shooting death of Zyshonne Hindsman. On appeal, Moore argued his trial counsel rendered…
Date: December 20, 2022
Docket Number: S22A1022
Justia Opinion Summary: Appellant Willie Lewis Turner II challenges his 2017 convictions for malice murder and possession of a firearm by a convicted felon in connection with the shooting death of Travalas Acres. Turner argued the evidence…
Date: December 20, 2022
Docket Number: S22A1040
Justia Opinion Summary: Robert Caviston was convicted by jury of malice murder and arson in the first degree in connection with the death of his 92-year-old mother, Agnes Caviston. Caviston contended the trial court erred in denying his motion…
Date: December 20, 2022
Docket Number: S22A1051
Justia Opinion Summary: Danyel Smith was convicted of the murder of his infant son based on a theory of “shaken baby syndrome” (SBS). Smith argued that the science regarding diagnosis of brain injuries in infants has changed so much since his…
Date: December 20, 2022
Docket Number: S22A1075
Justia Opinion Summary: The issue this case presented for the Georgia Supreme Court's review centered on whether a grandmother’s action for visitation rights to her biological granddaughter (the minor child of her deceased daughter) under OCGA…
Date: December 20, 2022
Docket Number: S22A1083
Justia Opinion Summary: Holly Harvey appealed a trial court order denying her motion for an out-of-time appeal, denying her motion to modify her sentences, and dismissing her motion to withdraw her guilty pleas. In 2004, Harvey was indicted on…
Date: December 20, 2022
Docket Number: S22A1099
Justia Opinion Summary: After an order was issued setting the execution of Virgil Delano Presnell, Jr., the Federal Defender Program, Inc. filed a breach of contract action against the State of Georgia and Christopher Carr in his official…
Date: December 20, 2022
Docket Number: S22A1109
Justia Opinion Summary: Ronald Smith was convicted by jury of malice murder and other crimes in connection with the shooting death of Charles Adams. Smith appealed the denial of his motion for a new trial, contending that the evidence was…
Date: December 20, 2022
Docket Number: S22A1187
Justia Opinion Summary: During Joseph Watkins’s murder trial, a juror conducted a “drive test” during a break in deliberations to see whether the defendant could have been physically present at the time and place the victim was shot. The next…
Date: December 20, 2022
Docket Numbers: S22A1202, S22A1304
Justia Opinion Summary: In October 2016, Taiquan Mitchell and Deon Dorsey were jointly tried and found guilty of malice murder and other crimes in connection with the shooting death of Marcus Waters, Jr. On appeal, Mitchell argued the trial…
Date: November 29, 2022
Docket Number: S22A0875
Justia Opinion Summary: Darrell Eaker was convicted by jury of malice murder and other crimes in connection with the 2016 shooting death of Audra Eaker. On appeal, he argued: (1) he received constitutionally ineffective assistance of counsel;…
Date: November 29, 2022
Docket Number: S22A0969
Justia Opinion Summary: Tia Young was convicted by jury for the 2017 shooting death of her husband George. On appeal, Young contended: (1) the evidence was insufficient to sustain her convictions as a matter of constitutional due process; (2)…
Date: November 29, 2022
Docket Number: S22A1068
Justia Opinion Summary: Appellant Jared Carter was convicted of malice murder and possession of a knife during the commission of a felony in connection with the death of his grandmother, 81-year-old Valeria Mann. On appeal, Appellant alleged…
Date: November 29, 2022
Docket Number: S23A0104
Justia Opinion Summary: The Georgia Supreme Court granted review in this case to establish precedent on the issue of whether a trial court could refuse to follow appellate court precedent based solely on the trial court's disagreement with that…
Date: November 2, 2022
Docket Number: S22A0420
Justia Opinion Summary: Melvin Roberts was convicted of malice murder and other crimes in connection with the 2016 shooting death of Jabari Pettway. On appeal, Roberts argued the trial court erred in admitting evidence of an armed robbery he…
Date: November 2, 2022
Docket Number: S22A0425
Justia Opinion Summary: Appellant Deon Jones challenged his convictions for felony murder and influencing a witness in connection with the 2004 shooting death of Scott Corwin. He contended that the statute of limitation barred his prosecution…
Date: November 2, 2022
Docket Number: S22A0498
Justia Opinion Summary: William Winslow was convicted on four counts of sexual exploitation of children in connection with his possession of two videos depicting children engaged in sexually explicit conduct. The videos were found on his laptop…
Date: November 2, 2022
Docket Number: S22A0542
Justia Opinion Summary: Mia Ammons was charged with driving under the influence of alcohol. She largely refused to cooperate when the state trooper who pulled her over sought to perform a preliminary breath test and various field sobriety…
Date: November 2, 2022
Docket Number: S22A0605
Justia Opinion Summary: In 2017, a jury found Damien McElrath guilty but mentally ill as to felony murder but not guilty by reason of insanity as to malice murder following a single, continuous encounter between McElrath and his mother, Diane…
Date: October 25, 2022
Docket Number: S22A0511
Justia Opinion Summary: Appellant Carlos Drennon appealed his convictions for malice murder and participation in criminal street gang activity stemming from the 2007 shooting death of Randy Griffin. Drennon contended, among other things: (1)…
Date: October 25, 2022
Docket Number: S22A0521
Justia Opinion Summary: Appellant Jacarey Reese challenged his conviction for felony murder in connection with the 2018 shooting death of Stacy Devero. Appellant’s first trial ended with a hung jury. At his second trial, the defense argued both…
Date: October 25, 2022
Docket Number: S22A0620
Justia Opinion Summary: Troy Simmons was convicted by jury of felony murder and other crimes arising out of the 2013 shooting death of Wendell Lee and the aggravated assault of April Tongol. On appeal, Simmons argued : (1) the evidence was…
Date: October 25, 2022
Docket Number: S22A0630
Justia Opinion Summary: Anthony Clark was convicted by jury of felony murder and related crimes in connection with the 2019 death of Stasha Baggett. On appeal, Clark argued that, during his trial, a juror improperly communicated with a member…
Date: October 25, 2022
Docket Number: S22A0648
Justia Opinion Summary: In early 2019, police officers responded to a shooting where they discovered 15-year-old appellee Paris Powell standing beside the decedent, Larry “Tre” Bryant. Appellee was interviewed by Detective John Gleason on March…
Date: October 25, 2022
Docket Number: S22A0664
Justia Opinion Summary: Antonio Randall was charged with driving under the influence of alcohol to the extent that it was less safe for him to drive, in addition to other traffic offenses. The trial court granted Randall’s motion to suppress…
Date: October 25, 2022
Docket Number: S22A0801
Justia Opinion Summary: Stephen Willis was convicted along with four co-defendants of crimes arising from the 2014 shooting death of Nicholas Hagood. On appeal, Willis contended: (1) the evidence was insufficient to sustain his convictions; (2)…
Date: October 25, 2022
Docket Number: S22A1214
Justia Opinion Summary: Victor Moten was convicted of malice murder and related offenses in connection with the 2015 shooting death of Juan Diaz Mendez. On appeal, Moten contended the trial court erred by refusing to allow him to amend his…
Date: October 25, 2022
Docket Number: S22A1220
Justia Opinion Summary: Barbra Polke was convicted by jury of malice murder and other crimes arising from the shooting death of her former girlfriend, Ashley Sharpe. Polke contended on appeal that the evidence was insufficient to support her…
Date: October 25, 2022
Docket Numbers: S22G0045, S22G0039
Justia Opinion Summary: This appeal presented only a discrete and important threshold question to the underlying case: whether the Georgia Constitution required a plaintiff to establish some cognizable injury to bring a lawsuit in Georgia…
Date: October 25, 2022
Docket Number: S22Q0649
Justia Opinion Summary: The United States Court of Appeals for the Eleventh Circuit certified questions of Georgia law to the Georgia Supreme Court about life-insurance law. The basic question for the Supreme Court was whether a person could…
Date: October 4, 2022
Docket Number: S22A0720
Justia Opinion Summary: Harvey Lee was convicted by jury of malice murder in connection with the 2017 shooting death of George Young. On appeal, Lee claimed his trial counsel rendered constitutionally ineffective assistance by failing to object…
Date: October 4, 2022
Docket Number: S22A0735
Justia Opinion Summary: Dongsoo Park was convicted of malice murder in connection with the stabbing death of Kwang Ko (“Ko”) in a parking lot after a confrontation between two groups of people. On appeal, he contended: (1) the trial court erred…
Date: October 4, 2022
Docket Number: S22A0754
Justia Opinion Summary: Ronregus Watts challenged his 2008 convictions for felony murder and other crimes in connection with the 2006 shooting death of Thomas Vinson. Watts contended: (1) the evidence presented at trial was legally insufficient…
Date: October 4, 2022
Docket Number: S22A0764
Justia Opinion Summary: Curtis Jackson was convicted by jury of malice murder in connection with the 2015 shooting death of Vernard Mays. On appeal, Jackson argued the trial court erred: (1) in failing to instruct the jury that it must find…
Date: October 4, 2022
Docket Number: S22A0770
Justia Opinion Summary: Rashad Barber appealed his convictions for malice murder and other crimes arising out of the 2014 shooting death of Darius Bottoms. On appeal, Barber contended: (1) the evidence was insufficient to sustain his conviction…
Date: October 4, 2022
Docket Number: S22A0809
Justia Opinion Summary: Douglas Pritchett appealed his conviction for malice murder in connection with the 2017 death of Richard Danley. On appeal, Pritchett argued the trial court erred in denying his amended motion for new trial because: (1)…
Date: October 4, 2022
Docket Number: S22A0812
Justia Opinion Summary: Walter Lowe was convicted by jury of felony murder and other offenses in connection with the July 2017 shooting death of his wife, Erica Powell. The jury also found Lowe guilty of family violence aggravated assault and…
Date: October 4, 2022
Docket Number: S22A1037
Justia Opinion Summary: Vernon Beamon was convicted by jury of malice murder and other crimes in connection with the shooting deaths of Sylvia Watson and Samuel White. Beamon appealed, arguing that the evidence presented at trial was…
Date: October 4, 2022
Docket Number: S22P0556
Justia Opinion Summary: Brian Brookins was convicted by jury of the murders of Sandra Suzanne Brookins and Samantha Rae Giles and of related crimes. The jury declined in its guilt/innocence phase verdict to find Brookins “mentally retarded” or…
Date: September 30, 2022
Docket Number: S23A0073
Justia Opinion Summary: This case was a dispute over who could run for Chief Magistrate Judge of Douglas County, Georgia in the November 2022 election. After the incumbent successfully challenged the qualifications of the only person who…
Date: September 20, 2022
Docket Number: S21G0405
Justia Opinion Summary: The Georgia Supreme Court granted certiorari in this case to decide whether the Court of Appeals erred in affirming the trial court’s grant of a directed verdict in favor of Appellees, a court administrator and two…
Date: September 20, 2022
Docket Number: S21G1281
Justia Opinion Summary: The Georgia Supreme Court granted certiorari in this case to determine whether a trial court’s order denying a motion to withdraw as counsel based on alleged conflicts of interest was immediately appealable under the…
Date: September 20, 2022
Docket Number: S22A0463
Justia Opinion Summary: Appellee Terrell Brown and co-defendants Milton Rufus Hall and Andrew Dontavius Glass were indicted by grand jury with malice murder, felony murder, aggravated assault, armed robbery, aggravated battery, and possession…
Date: September 20, 2022
Docket Number: S22A0466
Justia Opinion Summary: Brandon Warren was convicted by jury of malice murder and other offenses in connection with killing Samuel Poss and hiding his body. On appeal, Warren contended that his trial counsel gave ineffective assistance for…
Date: September 20, 2022
Docket Number: S22A0548
Justia Opinion Summary: Appellant Carl Jones was convicted of felony murder and other crimes in connection with the 2015 shooting death of John Jones. On appeal, Appellant contended the trial court: (1) erred in denying his motion to suppress…
Date: September 20, 2022
Docket Number: S22A0632
Justia Opinion Summary: In 2016, William Downer was found guilty of felony murder, armed robbery, and other crimes in connection with the death of Michael Hill following a bench trial. On appeal, Downer argued: (1) the evidence was insufficient…
Date: September 20, 2022
Docket Number: S22A0659
Justia Opinion Summary: Luis Torres was found guilty of the felony murder of Dennis Bryant and other offenses at a bench trial. Torres appealed, arguing that the evidence presented at trial was insufficient as a matter of Georgia law to sustain…
Date: September 20, 2022
Docket Number: S22A0684
Justia Opinion Summary: The State appealed a trial court’s suppression of custodial statements 16-year-old Jeffrey Burton made during a video-taped interview with law enforcement officers who had arrested Burton for the murder of George Akins,…
Date: September 20, 2022
Docket Number: S22A0757
Justia Opinion Summary: In 2011, Didrekeus Lewis was convicted by jury of malice murder and other crimes for the shooting death of Marvin Printup. Lewis argued on appeal: (1) the evidence was insufficient to support his convictions; (2) the…
Date: September 20, 2022
Docket Number: S22A0794
Justia Opinion Summary: Erik Albert Williams, Jr. was convicted by jury of malice murder and other crimes in connection with the shooting death of Deangelo Hudgins and the shooting of Albert Gilbert. On appeal, Williams argued: (1) the evidence…
Date: September 20, 2022
Docket Number: S22A0798
Justia Opinion Summary: Derrico Thomas was convicted by jury of malice murder and possession of a firearm during the commission of a felony, stemming from the shooting death of Orlando Young. Thomas argued: (1) the trial court erred in…
Date: September 20, 2022
Docket Number: S22A1196
Justia Opinion Summary: Joseph Jones, III appealed his convictions for felony murder in connection with the shooting deaths of Quatez Strong and Jalen Walker. In his sole enumeration of error, Jones argued that, because “unrebutted” testimony…
Date: September 7, 2022
Docket Number: S21G1250
Justia Opinion Summary: In 2002, Douglas Coe, Jacqueline Coe, and GFLIRB, LLC (collectively the “Coes”) were involved in the sale of a company in which they held a substantial interest. Their accountants, BDO Seidman, LLP (“BDO”), advised them…
Date: September 7, 2022
Docket Number: S22A0530
Justia Opinion Summary: Jaquavious Reed appealed his conviction for murder and other charges in connection with the death of Antwan Curry. On appeal, Reed argued: (1) the evidence was insufficient to support his convictions; (2) he was denied…
Date: September 7, 2022
Docket Number: S22A0578
Justia Opinion Summary: Jeffrey Peacock was convicted of five counts of malice murder and other crimes related to the shooting deaths of Jonathan Edwards, Jr., Alecia Norman, Reid Williams, Jones Pidcock, and Jordan Croft; the burning of their…
Date: September 7, 2022
Docket Number: S22A0727
Justia Opinion Summary: Appellant Ylarrio Garcia-Jarquin was convicted by jury of malice murder, aggravated assault, and possession of a firearm during the commission of a felony in connection with the shooting death of Edel Mendoza and the…
Date: September 7, 2022
Docket Number: S22A0771
Justia Opinion Summary: Kashawn Mitchell was convicted by jury of malice murder and related offenses in connection with the shooting death of Jaron Acklin. Mitchell claimed the evidence presented at trial was insufficient to support his…
Date: August 23, 2022
Docket Number: S19Z1369
Justia Opinion Summary: At issue before the Georgia Supreme Court in this case was an agreement between the Director of the Judicial Qualifications Commission (“JQC”) and the City of Atlanta Municipal Court Judge Terrinee Grundy. The agreement…
Date: August 23, 2022
Docket Number: S22A0531
Justia Opinion Summary: Santron Prickett appealed his conviction for felony murder and other charges in connection with the 2010 death of Antwan Curry. Prickett argued on appeal that the trial court erred in denying his motion for a new trial…
Date: August 23, 2022
Docket Number: S22A0584
Justia Opinion Summary: The Georgia Division of Family and Children Services (DFCS) was the temporary custodian of Appellants John and Brittani Chandler’s three children. The Chandlers sought a determination they had constitutional and…
Date: August 23, 2022
Docket Number: S22A0616
Justia Opinion Summary: Riki Ray Albury was convicted of malice murder and other crimes in connection with the 2018 stabbing death of Ronald Roach. On appeal, Albury contended the trial court erred by failing to excuse two jurors for cause and…
Date: August 23, 2022
Docket Numbers: S22A0744, S22A0745
Justia Opinion Summary: Samuel Jones was convicted by jury of malice murder and other crimes in connection with the 2018 shooting death of Terrance Gibson. In consolidated cases, Jones argued on appeal that the trial court erred by refusing to…
Date: August 23, 2022
Docket Number: S22A0789
Justia Opinion Summary: Aurie Bonner, III was convicted of murder in connection with the 2012 death of Christine Cook. On appeal, he contended his trial counsel rendered ineffective assistance. After review, the Georgia Supreme Court disagreed…
Date: August 23, 2022
Docket Number: S22A0796
Justia Opinion Summary: Marion Adkins, Jr. was convicted by jury of malice murder and other crimes in connection with the 2019 shooting death of Latisha Gresham. He appealed, contending that the circumstantial evidence presented at trial failed…
Date: August 23, 2022
Docket Number: S22A1236
Justia Opinion Summary: Eric Wheeler appealed his convictions for murder, aggravated assault, and other crimes arising from the 2003 fatal shooting of Sonya Corbett and non-fatal shooting of Albert Carter. Wheeler’s sole contention of error was…
Date: August 23, 2022
Docket Number: S22G0019
Justia Opinion Summary: A conservator was appointed after the minor children’s grandmother had already brought a wrongful-death lawsuit on their behalf. The conservator tried in various ways to exercise his litigation powers, with the goal of…
Date: August 23, 2022
Docket Number: S22G0104
Justia Opinion Summary: Prior to his conviction for aggravated assault in this case, Turner Benton had been found guilty of three other felony offenses. However, for the first of those offenses, he was sentenced under Georgia’s First Offender…
Date: August 23, 2022
Docket Numbers: S22Y0943, S22Y0944, S22Y0945, S22Y0946
Date: August 9, 2022
Docket Number: S22A0432
Justia Opinion Summary: Woodrow Carter was convicted in 2016 for the death of James Mills. On appeal, Carter contended the evidence presented at trial was insufficient to support his conviction, and the trial court erred in instructing the…
Date: August 9, 2022
Docket Number: S22A0469
Justia Opinion Summary: Lorenzo Payne appealed his conviction for the 2005 shooting death of Quartez Armour. Armour was shot for allegedly cheating Payne in a putative drug deal. Payne argued the trial court erred in instructing the jury, and…
Date: August 9, 2022
Docket Number: S22A0477
Justia Opinion Summary: Vincent Ellington was convicted by jury for the 2016 shooting death of Jeremy Fulton. On appeal, Ellington challenged the sufficiency of the evidence supporting his conviction, and argued the trial court erred when it…
Date: August 9, 2022
Docket Number: S22A0503
Justia Opinion Summary: A municipal court judge believed Carey Phillips’s traffic citation gave rise to “quasi-bond” conditions that it could — and did — modify in order to restrict Phillips’s driving privileges. Phillips disagreed, but instead…
Date: August 9, 2022
Docket Number: S22A0583
Justia Opinion Summary: Nikita Moore appealed her conviction for malice murder arising out of the 2010 death of her two-year-old son, Ma’Kel Moore-Tompkins. On appeal, Moore claimed the circumstantial evidence presented at trial was…
Date: August 9, 2022
Docket Number: S22A0588
Justia Opinion Summary: Shakur Wright pleaded guilty to the malice murder of Benjamin Thompson and to other related offenses. Ten days after sentencing, Wright, through new counsel, filed a motion to withdraw his guilty plea. The motion was…
Date: August 9, 2022
Docket Number: S22A0670
Justia Opinion Summary: Following a joint trial with co-defendant Shelton Jackson, Jarvis Mathews was convicted of felony murder, aggravated assault, and possessing a firearm during the commission of a felony for the 2001 fatal shooting of…
Date: August 9, 2022
Docket Number: S22A0675
Justia Opinion Summary: Juan Harris was convicted by jury of murder and related crimes in connection with the 2001 death of Tony Morris. On appeal, Harris argued the trial court should have granted him a continuance to call missing witnesses,…
Date: August 9, 2022
Docket Number: S22A0707
Justia Opinion Summary: Rita Dugar was convicted for shooting Jon Townley at her ex-boyfriend’s home. She claimed she attempted to fire a warning shot because the boyfriend and Townley had been fighting. On appeal, Dugar raised four…
Date: August 9, 2022
Docket Number: S22A0709
Justia Opinion Summary: Tahj Ruff was convicted of felony murder and related crimes in connection with the shooting death of Lynwood Williams. Ruff appealed, but the Georgia Supreme Court affirmed Ruff’s convictions. The matter was remanded to…
Date: August 9, 2022
Docket Number: S22A0737
Justia Opinion Summary: Shaun Walker was convicted by jury of malice murder and related crimes in connection with the 2017 shooting death of Antonio Ferguson. On appeal, Walker argued the evidence was insufficient to support his convictions.…
Date: August 9, 2022
Docket Number: S22A0773
Justia Opinion Summary: Appellant Arleshia Bridges appealed her convictions for malice murder and related crimes in connection with the 2010 shooting death of Anthony Rankins, Jr. On appeal, Bridges argued the trial court erred in denying her…
Date: August 9, 2022
Docket Number: S22A0815
Justia Opinion Summary: Reginald Jones appealed his convictions for malice murder and related crimes in connection with the 2017 death of his girlfriend Faith Bittinger and her unborn child. On appeal. Jones argued: (1) the trial evidence was…
Date: August 9, 2022
Docket Numbers: S22Y0665, S22Y0666, S22Y0667, S22Y0668
Date: June 30, 2022
Docket Number: S21G1226
Justia Opinion Summary: This case involved a contentious family dispute over the effect of an in terrorem clause in a trust instrument that was executed by David Slosberg (“David”), which said that if his son, Robert Slosberg (“Plaintiff”), or…
Date: June 30, 2022
Docket Number: S22A0093
Justia Opinion Summary: Claud Lee “Tex” McIver III was convicted of felony murder and other crimes arising out of the 2016 shooting death of his wife, Diane. He appealed, claiming among other things, that the trial court erred in refusing his…
Date: June 30, 2022
Docket Number: S22A0242
Justia Opinion Summary: A jury found Mario Talley guilty of the malice murder of Rodney Walker, the aggravated assault and attempted armed robbery of Isiah Knight, and other offenses. Talley appealed the denial of his motion for new trial,…
Date: June 30, 2022
Docket Number: S22A0305
Justia Opinion Summary: Tevin Sams was convicted by jury of the malice murder of eight-year-old Jai’mel Anderson, the aggravated assault of six-year-old J. A., and other offenses. The charges arose out of an incident in which shots were fired…
Date: June 30, 2022
Docket Number: S22A0413
Justia Opinion Summary: Appellant James Patterson was convicted of felony murder in connection with the 2018 beating death of Jeffrey Burke. In this appeal, Appellant contended: (1) he received constitutionally ineffective assistance of…
Date: June 30, 2022
Docket Number: S22A0468
Justia Opinion Summary: Appellant Leonard Holland challenged his convictions for malice murder and other crimes in connection with the 2002 shooting death of James Jones. Appellant contended the trial court erred: (1) by ruling that Appellant’s…
Date: June 30, 2022
Docket Number: S22A0603
Justia Opinion Summary: A jury found appellant Kelvin Brown guilty of malice murder and other crimes related to the shooting death of Cornelius Miller. He appealed, contending that: (1) the evidence was insufficient to support his convictions;…
Date: June 22, 2022
Docket Number: S21G0764
Justia Opinion Summary: Prior to this appeal, the Georgia Court of Appeals affirmed a trial court’s order dismissing with prejudice Vanessa and Brock Joyner’s wrongful death action against defendants Dr. Lynn Leaphart and MPPG, Inc. (“MPPG”),…
Date: June 22, 2022
Docket Number: S21Z0916
Justia Opinion Summary: A majority of the Hearing Panel (“Panel”) of the Georgia Judicial Qualifications Commission (“JQC”) recommended that Judge Eric Norris issue a public apology for violating Rules 1.2 (A) and 2.8 (B) of the Georgia Code of…
Date: June 22, 2022
Docket Numbers: S22A0380, S22A0069
Justia Opinion Summary: Appellants Xzavaien Jones and Terrell McFarland were tried jointly and convicted of murder and related offenses in connection with the 2016 shooting death of Anthony Meredith. Both men appealed, raising numerous alleged…
Date: June 22, 2022
Docket Number: S22A0073
Justia Opinion Summary: Hector Garay was convicted by jury of malice murder and other crimes in connection with the January 1996 shooting death of Adalberto Salinas. In his only enumeration of error on appeal, he contended there was…
Date: June 22, 2022
Docket Number: S22A0092
Justia Opinion Summary: Appellant Justin Harris left his 22-month-old son Cooper strapped in his rear-facing car seat on a June 2014. Harris walked into work; the child died of hyperthermia after hours in the hot car. The State’s theory was…
Date: June 22, 2022
Docket Number: S22A0254
Justia Opinion Summary: Andre Byrd was convicted by jury of malice murder and other crimes in connection with the shooting death of David McReynolds. On appeal, Byrd contended only that the trial court erred by granting the State’s challenge to…
Date: June 22, 2022
Docket Number: S22A0441
Justia Opinion Summary: Joe Rayton was convicted by jury of murder for the shooting death of Antonio Ladson. On appeal, Rayton contended the trial court erred by refusing his request for a jury instruction on voluntary manslaughter.…
Date: June 22, 2022
Docket Number: S22A0550
Justia Opinion Summary: Jerome Mobley was convicted by jury of breaking into his estranged wife’s home, in violation of a condition of pretrial bond, and shooting and killing her in the presence of the couple’s children. Mobley contended the…
Date: June 22, 2022
Docket Number: S22A0591
Justia Opinion Summary: Ladarrwin Copeland was convicted of malice murder and other crimes in connection with the shooting deaths of Timothy Rodgers and Ricky Johnson. On appeal, Copeland argued the trial court lacked jurisdiction to try his…
Date: June 22, 2022
Docket Number: S22G0018
Justia Opinion Summary: This case stemmed from the criminal trial of Shalita Jackson Harris, a school bus driver who was convicted of homicide by vehicle in the first degree after the bus she drove crashed, resulting in the death of a student.…
Date: June 22, 2022
Docket Number: S22Q0279
Justia Opinion Summary: The United States District Court for the Middle District of Georgia certified questions of law to the Georgia Supreme Court, all involving OCGA § 40-8-76.1 (d), the “seatbelt statute.” The federal court asked whether the…
Date: June 1, 2022
Docket Number: S21G1147
Justia Opinion Summary: In this wrongful death case in which the plaintiffs alleged a faulty vehicle component caused the deadly accident, plaintiffs sought to depose the Chief Executive Officer of General Motors, LLC, and General Motors has…
Date: June 1, 2022
Docket Number: S22A0103
Justia Opinion Summary: Bobby Wynn appealed his conviction for malice murder in connection with the 2014 death of Demontae Ware. As grounds for reversal, Wynn: (1) challenged the admission of allegedly improper impeachment evidence; (2)…
Date: June 1, 2022
Docket Number: S22A0171
Justia Opinion Summary: Orlando Jordan appealed his conviction for malice murder arising out of the 2014 shooting death of Antoniyo Wiggins. On appeal, Jordan claimed the evidence was insufficient to support his conviction, and that the trial…
Date: June 1, 2022
Docket Number: S22A0287
Justia Opinion Summary: The issue this case presented for the Georgia Supreme Court's review centered on whether a child charged with delinquency based on an alleged violation of Georgia’s Criminal Code could assert an affirmative defense of…
Date: June 1, 2022
Docket Number: S22A0399
Justia Opinion Summary: Andre Jackson was convicted by jury of the 2010 armed robbery of Joseph Williams. A different jury found Jackson guilty of felony murder predicated on the armed robbery of L. V. Wilson and of the murder of Jquanda…
Date: June 1, 2022
Docket Number: S22A0406
Justia Opinion Summary: Marquayvian Gude was convicted by jury of malice murder and other offenses in connection with the shooting death of Devontavious McClain. Following the denial of his motion for new trial, Gude appealed, contending the…
Date: June 1, 2022
Docket Number: S22A0414
Justia Opinion Summary: Quantavious Harris appealed his convictions for felony murder and other charges stemming from the 2009 shooting death of Stephen Anim. The trial court previously granted Harris’ motion for new trial on the ground that…
Date: May 17, 2022
Docket Numbers: S21H0656, S22A1020
Justia Opinion Summary: Petitioner Jerry Thomas was convicted in 2010 of one count of child molestation. In 2017, Thomas timely filed an initial petition for habeas corpus challenging the conviction. The habeas court denied relief in May 2018.…
Date: May 17, 2022
Docket Number: S22A0025
Justia Opinion Summary: Hymetheus Johnson was convicted by jury of one count of malice murder and one count of theft by taking in connection with the 2016 shooting death of Javontae Passard. Johnson appealed, alleging that the trial court erred…
Date: May 17, 2022
Docket Number: S22A0031
Justia Opinion Summary: Christopher McNabb was convicted by jury of malice murder and other offenses in connection with the death of his infant daughter, Caliyah McNabb. Following the denial of his motion for new trial, McNabb appealed, arguing…
Date: May 17, 2022
Docket Number: S22A0100
Justia Opinion Summary: Mark Munn appealed his convictions for malice murder and other crimes arising out of the 2018 shooting death of Kalliber Chambers. On appeal, Munn argued: (1) the evidence presented at his trial was insufficient to…
Date: May 17, 2022
Docket Number: S22A0124
Justia Opinion Summary: Appellant Merrick Redding was convicted by jury of felony murder and aggravated assault in connection with the death of Joseph Davis. The trial court denied Redding’s motion for a new trial. In a prior appeal, the…
Date: May 17, 2022
Docket Number: S22A0158
Justia Opinion Summary: Andreas Perkins was convicted by jury of malice murder and other crimes in connection with the 2014 shooting death of Randy Menefee. On appeal, Perkins argued: (1) the evidence presented at trial was insufficient to…
Date: May 17, 2022
Docket Number: S22A0261
Justia Opinion Summary: Appellant Anighyah Neal challenged his 2018 convictions for felony murder and possession of a firearm during the commission of a felony in connection with the shooting death of Lance Williams. Appellant contended the…
Date: May 17, 2022
Docket Number: S22A0271
Justia Opinion Summary: Tracy Smith appealed his conviction for felony murder in connection with the 2011 death of Jerome Walden. On appeal, Smith argued the trial court erred in overruling his special demurrer to the felony murder charge, and…
Date: May 17, 2022
Docket Number: S22A0306
Justia Opinion Summary: Jemerius Goodman was convicted of felony murder and other crimes in connection with the 2017 death of Jyleel Solomon and the aggravated assaults of four other people. On appeal, Goodman argued the evidence presented at…
Date: May 17, 2022
Docket Number: S22A0322
Justia Opinion Summary: Appellant Tremaine Washington was convicted of malice murder and other crimes in connection with the shooting death of Robert Purcell. On appeal, Washington argued: (1) the trial court erred by merging, instead of…
Date: May 17, 2022
Docket Number: S22A0457
Justia Opinion Summary: Appellant Andrew Neloms was convicted of malice murder and other offenses in connection with the 2016 shooting death of Octavius Brooks. On appeal, Neloms argued: (1) the trial court failed to declare a mistrial sua…
Date: May 17, 2022
Docket Number: S22A0564
Justia Opinion Summary: Bertrand Hounkpatin was convicted of felony murder for the death of his two -year old stepson, Noel Johnson. On appeal, Hounkpatin argued the evidence presented at trial was insufficient to support his conviction. He…
Date: May 3, 2022
Docket Number: S21G0857
Justia Opinion Summary: The Georgia Supreme Court granted certiorari in this case to decide whether E. Howard Carson acquired a vested right to develop property in a particular manner based upon alleged assurances made to him by Tom Brown, the…
Date: May 3, 2022
Docket Number: S21G0949
Justia Opinion Summary: Francisco Palencia was convicted of several offenses arising from a home invasion and sexual assault of V. M. Palencia appealed his convictions to the Court of Appeals, which affirmed. Palencia thereafter filed a…
Date: May 3, 2022
Docket Number: S21G1005
Justia Opinion Summary: The Georgia Supreme Court granted certiorari in this case to decide whether the trial court properly granted summary judgment against public school teacher Sheri Mimbs, on the basis that Mimbs failed to institute her…
Date: May 3, 2022
Docket Number: S21U0879
Justia Opinion Summary: In 1994, the Georgia Supreme Court approved State Bar of Georgia Formal Advisory Opinion (“FAO”) 94 -3, which addressed and provided guidance concerning former Standard of Conduct 47 in on whether a lawyer could properly…
Date: May 3, 2022
Docket Number: S22A0229
Justia Opinion Summary: Willie Caldwell appealed his conviction for felony murder arising out of the 2008 shooting death of Ricardo McPherson. On appeal, Caldwell claimed the evidence presented at his trial was insufficient to sustain his…
Date: May 3, 2022
Docket Number: S22A0251
Justia Opinion Summary: Jordan Harris appealed his convictions for felony murder and other charges stemming from the July 2010 shooting of Walter Phelps during the robbery of Phelps’s store; Phelps died from blood clots over a month after the…
Date: May 3, 2022
Docket Number: S22A0265
Justia Opinion Summary: Appellant Darrall Early was convicted of felony murder and aggravated assault in connection with the 2019 shooting death of Ramonte Harris. In his appeal, Early contended the trial court erred by admitting a jail video…
Date: May 3, 2022
Docket Number: S22A0317
Justia Opinion Summary: In 2013, Cory Butler was convicted at a bench trial for malice murder and other crimes relating to a 2009 home invasion and beatings that resulted in the death of Epsie Ewing and injury of her husband, C.F. Ewing. On…
Date: April 19, 2022
Docket Number: S22A0016
Justia Opinion Summary: Kevon Watkins was convicted in a bench trial for felony murder in connection with the death of his sister, Alexus. On appeal, Watkins argued the trial court erred in declining to find him guilty of voluntary manslaughter…
Date: April 19, 2022
Docket Number: S22A0079
Justia Opinion Summary: Robert Price, III was convicted of malice murder and other offenses in connection with the shooting death of Ronnie Cantrell, Sr., and the non- fatal shooting of Ronnie Cantrell, Jr. Price’s sole contention on appeal was…
Date: April 19, 2022
Docket Number: S22A0086
Justia Opinion Summary: Jared Smith was convicted of malice murder and theft by taking in connection with the 2018 stabbing death of Ronald Roach. Smith’s sole contention on appeal was that the trial court erred in allowing the medical examiner…
Date: April 19, 2022
Docket Number: S22A0134
Justia Opinion Summary: Following the Georgia Supreme Court’s grant of his application for discretionary appeal, Donnel Rawls appealed the trial court’s denial of his motion seeking a copy of his trial transcripts at public expense. Based on…
Date: April 19, 2022
Docket Number: S22A0144
Justia Opinion Summary: Erin McAlister appealed trial court orders awarding Wendi Clifton, McAlister’s former domestic partner, visitation rights to McAlister’s adopted daughter, Catherine, pursuant to Georgia's equitable caregiver statute.…
Date: April 19, 2022
Docket Number: S22A0165
Justia Opinion Summary: Appellant Kaovion Dickey challenged his convictions for malice murder and other crimes in connection with the 2018 shooting death of Tony McGowan and the shooting of Mikeem Jackson. Appellant’s sole enumeration of error…
Date: April 19, 2022
Docket Number: S22A0179
Justia Opinion Summary: The Georgia Supreme Court granted Gregory Davenport’s application for a certificate of probable cause to appeal the denial of his petition for a writ of habeas corpus. Davenport asked whether the habeas court erred in…
Date: April 19, 2022
Docket Number: S22A0348
Justia Opinion Summary: Appellant David Renfro challenges his 2019 convictions for malice murder and other crimes in connection with the shooting death of Rita Hennon. Appealing his conviction and sentence, Renfro argued the trial court erred…
Date: March 15, 2022
Docket Number: S21A1036
Justia Opinion Summary: Appellant Marcus Rutledge pled guilty to malice murder in connection with the April 2016 shooting death of Brian Williams. Appellant filed a motion for an out-of-time appeal to the trial court, which entered an order…
Date: March 15, 2022
Docket Number: S21A1068
Justia Opinion Summary: Kristine and Jeffrey McInerney were married in 2003, and had two minor children. Kristine, who resided in Indiana with the two children, filed a complaint for divorce on May 1, 2020, in Bryan County, Georgia. At the time…
Date: March 15, 2022
Docket Number: S21A1270
Justia Opinion Summary: In November 2013, defendant entered a negotiated plea of guilty to felony murder and armed robbery, based on which the trial court entered a judgment of conviction and sentenced her to life in prison with the possibility…
Date: March 15, 2022
Docket Number: S21G0112
Justia Opinion Summary: Stephen Alexander was convicted by jury of sexual offenses against his stepdaughters, both of whom were minors during Alexander’s trial. At trial, the two victims and a child advocate testified in a courtroom that was…
Date: March 15, 2022
Docket Number: S21G0555
Justia Opinion Summary: While driving over 100 miles per hour, Christal McGee rear-ended a car driven by Wentworth Maynard, causing him to suffer severe injuries. When the collision occurred, McGee was using a “Speed Filter” feature within…
Date: March 8, 2022
Docket Number: S20Z1070
Justia Opinion Summary: The Judicial Qualifications Commission (JQC) sought approval of the discipline by consent agreement between the Director of the JQC and JaDawnya Baker, Judge of the Municipal Court of Atlanta, to resolve the formal…
Date: March 8, 2022
Docket Numbers: S21X0900, S21A0899
Justia Opinion Summary: In Case No. S21A0899, Lynnette Riley, the former State Revenue Commissioner, appealed the partial grant of summary judgment in favor of petitioner Georgia Association of Club Executives (“GACE”), contending that the…
Date: March 8, 2022
Docket Number: S21A0905
Justia Opinion Summary: In September 2018, a grand jury returned an indictment charging James Burns, a police officer with the Atlanta Police Department, with crimes connected to a June 2016 on-duty shooting. Burns filed a “Plea in…
Date: March 8, 2022
Docket Numbers: S21A1261, S21A1262, S21A1263, S21X1326, S22X0007
Justia Opinion Summary: On March 25, 2021, Georgia Governor Kemp signed into law Senate Bill 9 (“SB 9”), which created from the former Augusta Judicial Circuit two new judicial circuits: the Columbia Judicial Circuit, and the Augusta Judicial…
Date: March 8, 2022
Docket Number: S21A1268
Justia Opinion Summary: Kevonta Daniels was convicted by jury of felony murder in connection with the shooting death of Kenneth Moore; the aggravated assaults of Jai Williams, Jamal Williams, and James Williams; the theft of vehicles belonging…
Date: March 8, 2022
Docket Number: S21G0549
Justia Opinion Summary: In December 2018, Phillip Doe filed suit against Saint Joseph’s Catholic Church, Archbishop Wilton Gregory, and the Archdiocese of Atlanta (collectively, “the Church”), asserting various tort claims based in part on…
Date: March 8, 2022
Docket Number: S21G0578
Justia Opinion Summary: The Georgia Supreme Court granted certiorari to consider whether a plaintiff could receive a full recovery under OCGA 13-6-11 and OCGA 9-11-68(b)(2). Because the Court concluded the provisions provided for different…
Date: March 8, 2022
Docket Number: S21Q0909
Justia Opinion Summary: The United States District Court for the Middle District of Georgia certified three questions of law to the Georgia Supreme Court. The questions sought interpretation of OCGA 40-6-248.1(b). The Supreme Court's responses…
Date: March 8, 2022
Docket Number: S22A0053
Justia Opinion Summary: In February 2019, Haleem Graham was tried jointly with Brantley Washington and Chrishon Siders and found guilty of felony murder, home invasion in the first degree, and other crimes in connection with the shooting death…
Date: March 8, 2022
Docket Number: S22A0170
Justia Opinion Summary: Allen Williams appealed his conviction for felony murder in connection with the death of his girlfriend, Betty Ranow. Williams argued on appeal that the trial court erred in admitting evidence concerning his alleged…
Date: March 8, 2022
Docket Number: S22A0289
Justia Opinion Summary: Timone Hooper was convicted by jury of murder, attempted armed robbery, and possession of a firearm during the commission of a crime arising out of a shooting that killed Lawrence Bryan and wounded Keron Brown. On…
Date: February 15, 2022
Docket Number: S21A0935
Justia Opinion Summary: Appellant James Shelton was convicted of malice murder in connection with the death of Manuel “Manny” Palmer. Appellant contended on appeal that: (1) the trial court erred in denying his motion for directed verdict; and…
Date: February 15, 2022
Docket Number: S21A0967
Justia Opinion Summary: Sovensky Maddox was convicted by jury of the malice murder of Lafayette Smith. Maddox’s jury trial was conducted simultaneously with the bench trial of his co-defendant, Jason Evans. Evans was acquitted. Maddox appealed,…
Date: February 15, 2022
Docket Number: S21A0981
Justia Opinion Summary: Jefferies Anderson was convicted by jury of malice murder and other offenses in connection with the shooting death of Jonathan Newton. Following the denial of his motion for new trial, Anderson appealed, arguing that the…
Date: February 15, 2022
Docket Number: S21A0983
Justia Opinion Summary: Kelly Sanders challenged the denial of her special demurrer as to a six-count second indictment against her, arguing that it was insufficient in a number of ways. Sanders was originally indicted for murder and on drugs…
Date: February 15, 2022
Docket Number: S21A1038
Justia Opinion Summary: Demetruis Fortson was convicted by jury of felony murder predicated on armed robbery, hijacking a motor vehicle, and possession of a firearm during the commission of a felony, among other offenses, related to the…
Date: February 15, 2022
Docket Number: S21A1242
Justia Opinion Summary: Demartre Harris was convicted by jury of felony murder and other crimes for his involvement in two drive-by shootings that injured Laundon Alexander and Patrick Boyd and resulted in the death of Marcus Bowden. Harris…
Date: February 15, 2022
Docket Number: S21A1249
Justia Opinion Summary: Deunta Grier challenged his 2016 convictions for malice murder and other crimes in connection with the shooting death of his girlfriend, Tiffany Bailey. On appeal, Grier contended: (1) the evidence presented at his trial…
Date: February 15, 2022
Docket Number: S21A1273
Justia Opinion Summary: Karonta Morrell was charged with 21 counts in connection with the murders of Rocquan Scarver and Jonathan Lang. Prior to trial, the trial court granted Morrell’s motion to sever the counts related to Scarver’s murder…
Date: February 15, 2022
Docket Number: S21A1309
Justia Opinion Summary: Rodricus Ward was convicted of malice murder and firearm offenses in connection with the shooting death of his on-again, off-again girlfriend, Darla Gibbons. He appealed, contending that the evidence presented at his…
Date: February 15, 2022
Docket Number: S21G0150
Justia Opinion Summary: Alejandro Martinez-Arias was convicted by jury of aggravated child molestation, aggravated sexual battery, and child molestation. In his appeal to the Georgia Court of Appeals, Martinez-Arias contended, among other…
Date: February 15, 2022
Docket Number: S21G0482
Justia Opinion Summary: Dorothy Wright and her grandchildren (collectively, the “Decedents”) were killed when their vehicle was struck by a stolen vehicle that was being chased by College Park Police Department officers. At the time of the…
Date: February 15, 2022
Docket Number: S21G0798
Justia Opinion Summary: This case involved Google LLC’s application of internet search algorithms, which it used to auction off search terms for profit to advertisers, and the interests of Edible IP, LLC, which sought to exercise control over…
Date: February 15, 2022
Docket Number: S22A0005
Justia Opinion Summary: Roney Wilson challenged his 2018 convictions for felony murder and other crimes in connection with the shooting death of his girlfriend Jimeshia Gordon. Appellant contended on appeal that he was denied the effective…
Date: February 15, 2022
Docket Number: S22A0098
Justia Opinion Summary: Jermaine Ware was convicted of malice murder and other crimes, with a final disposition being entered by the Superior Court of Polk County, Georgia in December 2012. Ware appealed, and the Georgia Supreme Court affirmed…
Date: February 15, 2022
Docket Number: S22A0210
Justia Opinion Summary: Tahja Williams was found guilty of malice murder and other crimes arising out of the death of Keaira Palmer and the wounding of Stefon Cook in a drive-by shooting in 2016. He appealed, arguing (1) the evidence was…
Date: February 1, 2022
Docket Number: S21A0942
Justia Opinion Summary: Frederick Terrell was convicted by jury of felony murder, aggravated assault, and other crimes related to the shooting death of Tashiba Matthews. On appeal, Terrell argued he was entitled to a new trial based on the…
Date: February 1, 2022
Docket Number: S21A1183
Justia Opinion Summary: Appellant Erica Brennan was convicted of felony murder and other crimes in connection with the scalding death of her eight-year-old stepdaughter, Sarah Harris. On appeal, Appellant argued: (1) the trial court erred by…
Date: February 1, 2022
Docket Number: S21G0430
Justia Opinion Summary: Carl Gardei filed a petition for declaratory judgment against R. L. “Butch” Conway, the Sheriff of Gwinnett County, Georgia, and D. Victor Reynolds, the Director of the Georgia Bureau of Investigation (“GBI”), in their…
Date: February 1, 2022
Docket Number: S21G0783
Justia Opinion Summary: In 1987, Dennis Langley was convicted of murder and sentenced to serve life in prison. He was later released on parole. On July 26, 2019, a search of Langley’s home revealed a semi-automatic pistol with a loaded magazine…
Date: February 1, 2022
Docket Number: S21Z1181
Justia Opinion Summary: An agreement between the Director of the Judicial Qualifications Commission (“JQC”) and Cary Hays III, Chief Magistrate of Crawford County, Georgia, was filed with the Georgia Supreme Court. The agreement was to resolve…
Date: January 19, 2022
Docket Number: S21A1065
Justia Opinion Summary: Odeirrek Boone pleaded guilty to malice murder and other offenses and appeals the denial of his motion for an out-of-time appeal. Boone, proceeding pro se, briefly referenced his plea counsel’s failure to consult with…
Date: January 19, 2022
Docket Number: S21A1088
Justia Opinion Summary: Timothy Ward, the Commissioner of the Georgia Department of Corrections, appealed the grant of habeas relief to petitioner Lewis Carlton on the ground that the trial court lacked authority to revoke Carlton’s probation…
Date: January 19, 2022
Docket Number: S21A1096
Justia Opinion Summary: Lowe Payne appealed his convictions for felony murder and other crimes arising out of the shooting death of Carldrake Finister. On appeal, Payne argued the trial court erred when it admitted evidence of prior…
Date: January 19, 2022
Docket Number: S21A1096
Justia Opinion Summary: Lowe Payne appealed his convictions for felony murder and other crimes arising out of the 2017 shooting death of Carldrake Finister. On appeal, Payne argued the trial court erred when it admitted evidence of prior…
Date: January 19, 2022
Docket Number: S21A1127
Justia Opinion Summary: Devon Jenkins was convicted of felony murder and other crimes in connection with an August 6, 2014 home invasion in which the victim was shot and killed and two other victims, including a child, were injured. On appeal,…
Date: January 19, 2022
Docket Number: S21A1133
Justia Opinion Summary: Rodney Noel was granted habeas relief from his conviction for murdering nine-month-old Terrell Williams (“Terrell”). The habeas court held that Noel’s appellate counsel provided ineffective assistance for two reasons:…
Date: January 19, 2022
Docket Number: S21G0370
Justia Opinion Summary: The Georgia Supreme Court granted certiorari to determine whether the scope of Article I, Section I, Paragraph XVI of the Georgia Constitution of 1983 (“Paragraph XVI”) extended to another test sometimes administered in…
Date: January 19, 2022
Docket Number: S21G0673
Justia Opinion Summary: The Georgia Supreme Court granted certiorari in this case to address whether defendant's convictions for theft by taking merged under the correct unit-of-prosecution analysis. Because the Court of Appeals applied the…
Date: January 19, 2022
Docket Number: S22A0041
Justia Opinion Summary: Emanuel Ellison appealed his convictions for felony murder and other offenses stemming from the 2014 fatal shooting of Kentrealvist Malcom during an argument at an apartment complex. Ellison argued only that the trial…
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