Supreme Court of Georgia Decisions 2015
Date: November 23, 2015
Docket Number: S15A0840
Justia Opinion Summary: In January 2012, a juvenile court put M.F. under a permanent guardianship, finding that the young girl was deprived as a result of problems that both of her parents had with substance abuse. Approximately two years…
Date: November 23, 2015
Docket Numbers: S15A1021, S15X1022, S15X1023, S15X1024, S15A1027, S15A1028, S15A1029, S15X1030, S15X1031
Justia Opinion Summary: Metro Atlanta Task Force for the Homeless (the “Task Force”) operated a homeless shelter in a building located in downtown Atlanta (“the property”). The Task Force owned the property unencumbered from 1997 to 2001, when…
Date: November 23, 2015
Docket Number: S15A1073
Justia Opinion Summary: Terry Tolbert was tried by jury and convicted of murder and the unlawful possession of a firearm during the commission of a felony, both in connection with the 1996 fatal shooting of Shelley Griffin. Tolbert appealed,…
Date: November 23, 2015
Docket Number: S15A1248
Justia Opinion Summary: Mark Harper appealed his conviction and sentence for felony murder in connection with the 2011 death of Rajib Sarkar. In his sole argument on appeal to the Supreme Court, Harper contended that the evidence was…
Date: November 23, 2015
Docket Number: S15G0567
Justia Opinion Summary: This trust management dispute has made a repeat trip to the Georgia Supreme Court. In their complaint, the plaintiffs raised claims of breach of fiduciary duty and breach of trust against the defendants by:(1) allegedly…
Date: November 23, 2015
Docket Number: S15Q1127
Justia Opinion Summary: In 2013, former employees of two in-home personal care companies sued their former employers, asserting that they had not been paid the minimum wage to which they were entitled under the Georgia Minimum Wage Law (GMWL).…
Date: November 16, 2015
Docket Number: S15A0720
Justia Opinion Summary: The State appealed the trial court’s grant of new trials to appellees, Elgerie Cash and her daughter, Jennifer Weathington, who were tried together and found guilty of malice murder, felony murder, two counts of…
Date: November 16, 2015
Docket Number: S15A0764
Justia Opinion Summary: Samuel Hayes appealed his convictions and sentences for malice murder, armed robbery, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony, all in connection with…
Date: November 16, 2015
Docket Number: S15A0777
Justia Opinion Summary: Appellant Joseph Thomas was convicted of malice murder and numerous other crimes in connection with four armed robberies and the 2009 shooting death of Robert Stone. Appellant argued on appeal that the trial court erred…
Date: November 16, 2015
Docket Number: S15A1093
Justia Opinion Summary: Appellant Eugene McDuffie was convicted of malice murder for the 2004 shooting death of Jurrell Clarke. On appeal, he argued that his trial counsel provided ineffective assistance, and that remarks by the prosecutor…
Date: November 16, 2015
Docket Numbers: S15A1189, S15A1190, S15A1193
Justia Opinion Summary: Appellants Desmond Post, Rolaunda Fripp, and Joseph Brown were indicted along with Darchelle Arnold and Jarvis Butts for numerous crimes including felony murder in connection with an armed robbery in late 2009, that led…
Date: November 16, 2015
Docket Number: S15A1334
Justia Opinion Summary: The Supreme Court granted an application of interlocutory appeal to determine whether the trial court erred when it denied enforcement of a prenuptial agreement. After a hearing, the trial court analyzed the agreement…
Date: November 16, 2015
Docket Number: S15A1428
Justia Opinion Summary: Following the denial of his motion for new trial, as amended, Larry Daniels appealed his conviction and sentence for malice murder in connection with the 1991 strangulation death of Latrenda Jennings. His only argument…
Date: November 16, 2015
Docket Number: S15G0666
Justia Opinion Summary: After a grand jury indicted defendant Crawford Lewis, Patricia Reid and Anthony Pope, on charges of violating Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) Act and felony theft by taking, the State…
Date: November 16, 2015
Docket Number: S15Q1222
Justia Opinion Summary: Before the Georgia Supreme Court issued its decision in "Zaldivar v. Prickett," (774 SE2d 688 (2015)), the United States District Court for the Northern District of Georgia certified a question of Georgia law that was…
Date: November 2, 2015
Docket Number: S14G1765
Justia Opinion Summary: A police officer initiated a traffic stop of the car being driven by appellee Patrick Scott, in which appellee Dorian Allen was a passenger. About eight minutes into the stop, the officer radioed for a computer records…
Date: November 2, 2015
Docket Number: S15A0650
Justia Opinion Summary: Appellant Jeremy Wetzel was a high school paraprofessional who engaged in highly inappropriate, sexually oriented electronic communications with a 15-year-old student. The issue this case presented for the Supreme…
Date: November 2, 2015
Docket Number: S15A0739
Justia Opinion Summary: A jury convicted Kisha Rutledge of malice murder, aggravated assault, conspiracy to commit armed robbery, and various other offenses in connection with a plot to rob Keith Brown that ended with Brown being shot and…
Date: November 2, 2015
Docket Number: S15A0816
Justia Opinion Summary: The issue this case presented for the Georgia Supreme Court’s review came from a class action challenging a 2011 City of Atlanta ordinance and the subsequent amendment by the City of its three defined benefit pension…
Date: November 2, 2015
Docket Number: S15A0836
Justia Opinion Summary: Following a joint jury trial with co-defendant James Platt, Jarret Dixon was found guilty of the 2010 felony murder and malice murder of Santos Palacios-Vasquez, the voluntary manslaughter of Antonio Clark, aggravated…
Date: November 2, 2015
Docket Numbers: S15A0834, S15A0836
Justia Opinion Summary: Rogelio Higuera-Guitterrez was indicted for two counts of malice murder, four counts of felony murder, two counts of aggravated assault with a deadly weapon, consipiracy to traffic cocaine, and two counts of possession…
Date: November 2, 2015
Docket Number: S15A0883
Justia Opinion Summary: Eddie Martin, Jr. appealed the denial of his petition for habeas relief. He was convicted for aggravated sexual battery, aggravated child molestation, and child molestation. Martin argued on appeal that he was denied the…
Date: November 2, 2015
Docket Number: S15A0906
Justia Opinion Summary: Demetric Twitty was tried by a Richmond County jury and convicted of murder and other crimes, all in connection with the 2006 fatal shooting of Ian Mosley. Twitty appealed, raising his only argument that the State failed…
Date: November 2, 2015
Docket Number: S15A0930
Justia Opinion Summary: John Beasley filed a pro se appeal of the denial of his amended motion for an out-of-time appeal following the entry of guilty pleas for felony murder and possession of a knife during the commission of a crime. Beasley…
Date: November 2, 2015
Docket Number: S15A0939
Justia Opinion Summary: Following a jury trial, appellant Anthony Williams was found guilty of four counts of felony murder (and their underlying felonies) arising out of the death of his young daughter. The child died after ingesting cocaine…
Date: November 2, 2015
Docket Number: S15A1057
Justia Opinion Summary: Appellant Kortez Hurt was convicted of felony murder and other crimes in connection with the shooting death of Michael Ray. Hurt appealed on grounds that the trial court allowed the State to elicit inadmissible hearsay…
Date: November 2, 2015
Docket Number: S15A1169
Justia Opinion Summary: Appellant Sylvester Hendrix was convicted of murder and related offenses in connection with the 2011 shooting death of Dujon Parker. Hendrix appealed, contending that his trial counsel was constitutionally ineffective,…
Date: November 2, 2015
Docket Numbers: S15A1251, S15A1252
Justia Opinion Summary: This case returned to the Georgia Supreme Court for a second time. The central issue to this case involved a long-running boundary line dispute between Monroe County and Bibb County. In the prior appeal, the Supreme…
Date: November 2, 2015
Docket Number: S15A1741
Date: November 2, 2015
Docket Number: S15G0621
Justia Opinion Summary: This case involves the application of Georgia’s "ER statute" (OCGA 51-1-29.5), which required that plaintiffs who bring malpractice claims based on "emergency medical care" provided in a hospital emergency department…
Date: November 2, 2015
Docket Number: S15G0621
Date: November 2, 2015
Docket Number: S15P0675
Justia Opinion Summary: A jury convicted DeKelvin Martin of raping his girlfriend, Tymika Wright, murdering her 12-year-old child, Savion, and her elderly grandparents, Travis Ivery and Ila Ivery, by stabbing each of them repeatedly, committing…
Date: October 19, 2015
Docket Number: S15A0795
Justia Opinion Summary: Jesse James Warren was indicted on four counts of murder and many additional charges in connection with a mass shooting at a Penske Trucking Company in 2010, in which four victims were killed and a fifth victim was…
Date: October 19, 2015
Docket Number: S15A0937
Justia Opinion Summary: Appellant Farren Johnson was found guilty but mentally ill of malice murder and other crimes in connection with the shooting death of his stepfather, Clarence Alston. On appeal, his only contention was that the trial…
Date: October 19, 2015
Docket Number: S15A0985
Justia Opinion Summary: Appellant George Redding was convicted of murder and related offenses in connection with the deaths of victims Ronnie Pierce and Victor Hill, who were shot and killed about a month apart in the summer of 2007. Redding…
Date: October 19, 2015
Docket Number: S15A1188
Justia Opinion Summary: Appellant Kimjon Ingram appeals from his convictions of felony murder and other crimes stemming from the 1994 asphyxiation deaths of sisters Donisha and Lexusous Henderson. Among other things, appellant argued on appeal…
Date: October 19, 2015
Docket Number: S15A1247
Justia Opinion Summary: Appellant Larry Craig Cash was tried by jury and convicted for two 2005 murders. He appealed, contending that the evidence was insufficient to sustain his convictions and that the trial court mischarged the jury. Upon…
Date: October 5, 2015
Docket Number: S15A0725
Justia Opinion Summary: Mike Layer built a sewer pumping station for Barrow County, and he allegedly entered into an agreement with the County pursuant to which he would retain an interest in a portion of the pumping capacity at the station.…
Date: October 5, 2015
Docket Number: S15A0743
Justia Opinion Summary: Appellant Marial Fulcher was indicted by grand jury on charges of malice murder, felony murder, two counts of aggravated assault, and possession of a firearm or a knife during the commission of a crime, all in connection…
Date: October 5, 2015
Docket Number: S15A0747
Justia Opinion Summary: Marico Young was tried by jury and convicted of the 2009 murder of Gregory Porter, among other crimes. Young appealed, arguing that the evidence was insufficient to sustain his convictions and that the trial court erred…
Date: October 5, 2015
Docket Number: S15A0784
Justia Opinion Summary: Following a jury trial, appellant Ronnie Berrian was found guilty of malice murder and other offenses arising out of the 2012 shooting death of Russell Boyd. Berrian appealed his conviction and sentence, arguing the…
Date: October 5, 2015
Docket Number: S15A0796
Justia Opinion Summary: Appellant Dorville Thomas was convicted of malice murder in connection with the shooting death of Kalvin McGee and was sentenced to life imprisonment. Thomas appealed his conviction and sentence on grounds that: the…
Date: October 5, 2015
Docket Number: S15A0820
Justia Opinion Summary: Following a bench trial arising out of a joint venture contract between appellant Thomas Bagwell and appellees Bobby and Oretta Trammel, the trial court denied Bagwell's claim for specific performance of the contract but…
Date: October 5, 2015
Docket Number: S15A0832
Justia Opinion Summary: Appellant Phillip Drayton was found guilty at trial of malice murder and other crimes in connection with the shooting death of Steve Fowler. On appeal, his only contention was that the trial court erred when, during jury…
Date: October 5, 2015
Docket Number: S15A0853
Justia Opinion Summary: Appellant Leonard Dillard was convicted of malice murder for the 2007 killing of Sandra Knight. Appellant challenged the sufficiency of the evidence presented against him at trial, and argued that the trial court abused…
Date: October 5, 2015
Docket Number: S15A0965
Justia Opinion Summary: Sanna Mermann (f/k/a Tillitski, Wife), and Christopher Tillitski (Husband) were divorced in Bibb County pursuant to a decree signed on February 24 and filed on February 26, 2009. More than four years later, Wife…
Date: October 5, 2015
Docket Number: S15A0995
Justia Opinion Summary: The Clayton County Board of Commissioners and its individual members appeal from a writ of mandamus directing the County to give an unspecified job to Joseph Murphy, whom the County previously had employed as Assistant…
Date: October 5, 2015
Docket Number: S15A1045
Justia Opinion Summary: Lister Harrell appealed his convictions and sentences for attempting to intimidate a court officer and for cruelty to animals. The evidence showed that Harrell was charged with violating the duties of a landlord and,…
Date: October 5, 2015
Docket Number: S15A1143
Justia Opinion Summary: Eddie Amos was tried by a jury and convicted of voluntary manslaughter and felony murder, both in connection with the 2007 killing of Robin Crankshaw. The trial court merged the voluntary manslaughter into the felony…
Date: October 5, 2015
Docket Number: S15A1192
Justia Opinion Summary: A Cobb County grand jury indicted Appellant Jarvis Butts, along with Darchelle Arnold, Desmond Post, Rolaunda Fripp, and Joseph Brown on two ounts of malice murder, two counts of felony murder during the commission of…
Date: October 5, 2015
Docket Number: S15A1211
Justia Opinion Summary: Following a jury trial, Alfonso Moore was found guilty of felony murder, aggravated assault, armed robbery, and various other offenses in connection with the shooting death of Dominga Trejo and the theft of her truck. On…
Date: October 5, 2015
Docket Number: S15F1079
Justia Opinion Summary: This case involved Husband Stephen Turner Scott's challenge to the trial court's final child support order entered in the divorce action initiated by Wife Amanda Kay Scott. At the time of the final bench trial in the…
Date: October 5, 2015
Docket Number: S15F1254
Justia Opinion Summary: Following the trial court's denial of her motion for a new trial regarding her divorce from Jason McLendon (Husband), Amanda McLendon (Wife) filed an application for discretionary appeal. The issues presented for the…
Date: September 14, 2015
Docket Number: S15A0733
Justia Opinion Summary: Krystol Akhimie was convicted for felony murder and first degree cruelty to children. She appealed her convictions and the denial of her motion for new trial, in connection with the death of her infant son, Brian Berry,…
Date: September 14, 2015
Docket Number: S15A0768
Justia Opinion Summary: William Stephens had two children who were born out of wedlock, Frank Debter and Vickie Estes. Stephens died in 2011; he executed his last will and testament in early 2006. In it, Stephens made several specific bequests…
Date: September 14, 2015
Docket Number: S15A0833
Justia Opinion Summary: Appellee Steven Kendrick was the tax commissioner for Richmond County. He took office in 2009 after he was elected in 2008. In 2010, appellee began to reorganizing his office and as part of the process, eliminated ten…
Date: September 14, 2015
Docket Number: S15A0876
Justia Opinion Summary: Appellant Jacques Shockley was convicted of malice murder and other charges arising out of the 2005 shooting death of Shah Walton. Appellant was sentenced to life in prison for his conviction on the malice murder charge…
Date: September 14, 2015
Docket Number: S15A0882
Justia Opinion Summary: Appellant Courtland Smith was convicted of felony murder and related offenses in connection with the March 10, 2009 death of two-year-old Jaydon Patton. Smith appealed his convictions and sentences on the ground that his…
Date: September 14, 2015
Docket Number: S15A0884
Justia Opinion Summary: In 2007, a jury found Arquimides Gonzalez guilty of family violence battery, two counts of aggravated assault, kidnapping with bodily injury, and two counts of aggravated battery in connection with two incidents…
Date: September 14, 2015
Docket Number: S15A0891
Justia Opinion Summary: Appellant Jarmal Hill was convicted of felony murder and numerous other crimes in connection with a home invasion that resulted in the shooting death of his accomplice, Calvin Lavant. Appellant's sole contention is that…
Date: September 14, 2015
Docket Number: S15A0895
Justia Opinion Summary: Appellant Jeremy Crawford was convicted by jury of malice murder and robbery by force in connection with the strangulation death and robbery of Matthew Proctor in 2002. Appellant received a life sentence. Appellant…
Date: September 14, 2015
Docket Number: S15A0896
Justia Opinion Summary: This appeal arose from the trial court's denial of appellant Willie Wright's motion to vacate and set aside a final order and decree of divorce dissolving his marriage to appellee Kenya Young. According to appellant, who…
Date: September 14, 2015
Docket Number: S15A0992
Justia Opinion Summary: Appellant Corey Brown was convicted of felony murder based on child cruelty in connection with the death of two-year-old Prince Davis, Jr. Appellant argued on appeal that the evidence presented at his trial was…
Date: September 14, 2015
Docket Number: S15A1041
Justia Opinion Summary: Following the partial grant of Rajkumar Rudolph's petition for a writ of habeas corpus, Warden Stanley Williams appealed arguing that the trial court erred by finding that Rudolph had received ineffective assistance of…
Date: September 14, 2015
Docket Number: S15A1150
Justia Opinion Summary: Lacy Schmidt appealed his convictions and sentences for malice murder, possession of a firearm during the commission of a crime, and theft by taking in connection with the 2011 fatal shooting of Alana Calahan. He argued…
Date: September 14, 2015
Docket Number: S15A1170
Justia Opinion Summary: Appellant Rodney Noel appealed the denial of his motion for new trial which was filed after a jury found him guilty of charges of felony murder, aggravated assault, aggravated battery and cruelty to a child in connection…
Date: September 14, 2015
Docket Number: S15A1273
Justia Opinion Summary: Following a jury trial, Chad Allen was found guilty of murder, aggravated assault, and various other offenses in connection with the shooting death of Robert Nichols. On appeal, Allen argued on appeal to the Supreme…
Date: September 14, 2015
Docket Number: S15A1321
Justia Opinion Summary: On October 5, 2011, William Barron and Roderick Rumph were both inmates at a prison in Gwinnett County. The men were housed in different buildings of the prison complex, but the buildings were next to each other and…
Date: September 14, 2015
Docket Number: S15F0964
Justia Opinion Summary: In 2013, appellant Victoria Hart ("wife"), filed a complaint seeking a divorce from her husband, Lee Hart ("husband"). The parties' pre-trial efforts to settle, including mediation, were unsuccessful and they proceeded…
Date: September 14, 2015
Docket Number: S15G0321
Justia Opinion Summary: Dana Foster sued the Georgia Regional Transportation Authority under the provisions of the Georgia Tort Claims Act, alleging that the Authority was liable in tort for injuries that she sustained while riding as a…
Date: September 14, 2015
Docket Number: S15G0385
Justia Opinion Summary: Appellant Patrick Watson was convicted by a jury on two counts of sexual battery against his daughter, K.P., for acts committed when she was between the ages of 11 and 13. After the Court of Appeals affirmed Watson's…
Date: September 14, 2015
Citation: 330 Ga. App. 424
Docket Number: S15G0671
Justia Opinion Summary: The Court of Appeals affirmed the trial court's denial of Michael Shirley's motion to suppress images of child pornography seized from his home. The Court of Appeals found that, contrary to Shirley's arguments, the…
Date: July 13, 2015
Docket Number: S14G1192
Justia Opinion Summary: The issue this case presented for the Georgia Supreme Court's review centered on a question about the qualification of expert witnesses under OCGA 24-7-702 (“Rule 702”). Specifically, the issue reduced to what sort of…
Date: July 13, 2015
Docket Number: S14G1721
Justia Opinion Summary: The Supreme Court granted a writ of certiorari to the Court of Appeals in this matter to determine if the appellate court properly addressed Brian Weldon’s claim that the trial court violated his Sixth Amendment right to…
Date: July 13, 2015
Docket Numbers: S15A0082, S15X0083, S15A0626, S15X0627
Justia Opinion Summary: The issue central to consolidated appeals and cross-appeals was the question of whether property owners were violating a zoning ordinance by operating their property as an event venue. In 2010, East Beach residents began…
Date: July 13, 2015
Docket Number: S15A0193
Justia Opinion Summary: Husband Tigh Froehlich appealed a trial court’s order holding him in contempt of the parties’ divorce decree and a later order approving a modified parenting plan. Husband challenged four of the court’s five findings of…
Date: July 13, 2015
Docket Number: S15A0366
Justia Opinion Summary: Carol Tibbles retired in April 1994. She was a member of the Teachers Retirement System of Georgia, and as such, she was entitled by law to an annual retirement allowance. To calculate the amount of the allowance to…
Date: July 6, 2015
Docket Number: S14G1778
Justia Opinion Summary: Daniel Prickett sued Imelda Zaldivar to recover money damages for injuries that he allegedly sustained in October 2009 after a vehicular collision. Prickett and Zaldivar blamed the other for the collision; Zaldivar…
Date: July 6, 2015
Docket Number: S14G1876
Justia Opinion Summary: In "Vinings Bank v. Brasfield & Gorrie, LLC," (759 SE2d 886 (2014)), the Court of Appeals affirmed, among other rulings, the trial court’s determination that Vinings Bank was not entitled to summary judgment with regard…
Date: July 6, 2015
Citation: 295 Ga. 214
Docket Number: S14Y0094
Date: July 6, 2015
Docket Number: S15A0243
Justia Opinion Summary: Appellant Chiman Rai was convicted of murder, burglary, and related crimes in connection with the April 2000 death of his daughter-in-law, Michelle “Sparkle” Reid Rai. Rai appealed his convictions and sentences on…
Date: July 6, 2015
Docket Number: S15A0244
Justia Opinion Summary: Ronald Steis, M.D. (Husband) and Jane Steis (Wife) married in 2000 and filed for dovirce. Husband filed a motion for partial summary judgment seeking a ruling that certain property acquired during the marriage was his…
Date: July 6, 2015
Docket Number: S15A0403
Justia Opinion Summary: James Myers, Sr. executed his last will and testament in 2008, and died in 2012. He was survived by his wife and two sons, appellant James Myers, Jr. and appellee Anthony Myers. Appellant was appointed executor by the…
Date: June 29, 2015
Docket Number: S14G1149
Justia Opinion Summary: In 2003, a jury convicted appellant Sandeep Bharadia of burglary, aggravated sodomy, and aggravated sexual battery with respect to his breaking into the victim’s apartment and physically attacking her. The Court of…
Date: June 29, 2015
Docket Number: S14G1173
Justia Opinion Summary: Lynn Eshleman was employed with the DeKalb County Police Department as a law enforcement officer and dog handler, and in connection with her employment, she took care of Andor, a police dog trained to assist in the…
Date: June 29, 2015
Docket Number: S14G1225
Justia Opinion Summary: H.E. McLeod, Sr. transferred a part of his land to H.E. McLeod, Jr. The parties agreed that McLeod, Jr. would dig a well on his land and give McLeod, Sr. and others living on McLeod, Sr.’s land (specifically Mrs. McLeod,…
Date: June 29, 2015
Docket Number: S14G1539
Justia Opinion Summary: The Georgia Supreme Court granted the State’s petition for certiorari review of the Court of Appeals’ decision to reverse appellee Roderick Springer’s convictions for aggravated assault and involuntary manslaughter…
Date: June 29, 2015
Docket Number: S14G1811
Justia Opinion Summary: Katherine Fleming was indicted on two counts of identity fraud and two counts of financial transaction fraud. She entered a negotiated guilty plea, which allowed for deferred sentencing and participation in a drug court…
Date: June 29, 2015
Docket Numbers: S14G1868, S14G1893, S14G1895
Justia Opinion Summary: Lee V. Phillips IV, by and through his mother Santhonia Hector, and Hector individually (collectively “Plaintiffs”), brought a medical malpractice action against certified nurse midwife (“CNM”) Marcia Harmon, Deborah…
Date: June 29, 2015
Docket Number: S15A0097
Justia Opinion Summary: Marvin Hillman, III appealed the denial of his petition for habeas corpus. In January 2008, Hillman was convicted on two counts of armed robbery and one count each of burglary, aggravated assault, and possession of a…
Date: June 29, 2015
Docket Numbers: S15A0142, S15X0143
Justia Opinion Summary: Appellant Lori Davis, individually and as personal representative of the estate of her husband Keith L. Davis, M.D., appealed three superior court orders dated March 7, 2014, April 1, 2014, and April 21, 2014, which…
Date: June 29, 2015
Docket Number: S15A0182
Justia Opinion Summary: Appellant James Sims, II, was convicted of malice murder and related offenses in connection with the 2011 death of three-year-old Cayden Allen. He appealed, arguing, among other things, that the trial court erred in…
Date: June 29, 2015
Docket Numbers: S15A0277, S15A0278, S15A0279
Justia Opinion Summary: Appellants Larry Savage, Richard Pellegrino, and Tucker Hobgood challenged a trial court’s validation of revenue bonds that will be used to help finance a new stadium in Cobb County for the Atlanta Braves major league…
Date: June 29, 2015
Docket Numbers: S15A0335, S15A0336
Justia Opinion Summary: Joseph Schmidt executed the will at issue in this case on July 20, 2010. Schmidt was a disabled Marine Corps veteran who suffered from paranoid schizophrenia with delusions since the early 1970's; he also had vision and…
Date: June 29, 2015
Docket Number: S15A0344
Justia Opinion Summary: Appellant Brenda O’Connell and her adoptive sister, Catherine O’Connell, were jointly tried for malice murder, felony murder, and aggravated assault stemming from the strangulation death of their adoptive mother, Muriel…
Date: June 29, 2015
Docket Number: S15A0395
Justia Opinion Summary: Lillian and Jimmie Lee Johnson were married for 37 years, and together, raised her grandniece, Jessica Rogers. In 2005, Ms. Johnson made a will that included a number of bequests to Rogers. Ms. Johnson died in 2011, and…
Date: June 29, 2015
Docket Number: S15A0430
Justia Opinion Summary: Flavio Pena was convicted of malice murder and related crimes in connection with the death of Jose David Cruz Hernandez. Pena appealed the denial of his amended motion for new trial, contending that the evidence was…
Date: June 29, 2015
Docket Number: S15A0488
Justia Opinion Summary: Michael Morris, Jr. was convicted of malice murder and various other crimes in connection with the 2009 shooting death of Joshua Moore. Morris appealed, alleging various errors in his trial and sentences. Finding no…
Date: June 29, 2015
Docket Number: S15A0489
Justia Opinion Summary: The Georgia Supreme Court granted a discretionary appeal of Elbert County, its Board of Commissioners, and the County Manager (collectively, “the County”) of a superior court order that, inter alia, granted a declaratory…
Date: June 29, 2015
Docket Number: S15A0521
Justia Opinion Summary: The issue this case presented for the Supreme Court's review was a trial court’s order granting a writ of quo warranto based on that court’s conclusion that appellant Ronny Jones was not appointed as attorney for the…
Date: June 29, 2015
Docket Number: S15A0587
Justia Opinion Summary: Appellant Earnest Earl Dailey, Jr. was convicted of felony murder in connection with the 2012 death of Jermaine Little. Dailey appealed, arguing to the Georgia Supreme Court that the trial court impermissibly commented…
Date: June 29, 2015
Docket Number: S15A0624
Justia Opinion Summary: Levi Marshall, Jr., appealed his convictions and sentences for malice murder and making false statements to law enforcement officers, in connection with the 2011 death of Alan O’Neal. On appeal, he challenged the…
Date: June 29, 2015
Docket Number: S15F0064
Justia Opinion Summary: Husband David Stone and Wife Anna Stone were married to one another twice, and had one minor son from the marriage. Husband and Wife were divorced the second time by a decree dated 2014, and this decree incorporated a…
Date: June 15, 2015
Docket Number: S14G1161
Justia Opinion Summary: Kelly Kautz, the mayor of Snellville, filed a declaratory action against the members of the Snellville city council, seeking a declaration that she, as mayor, had sole authority to terminate the employment of the city…
Date: June 15, 2015
Docket Number: S14G1632
Justia Opinion Summary: The Medical Center, Inc. (TMC) provided hospital care to Danielle Bowden, who did not have health insurance, after she was injured in a car wreck. TMC billed her $21,409.59 for her care, and filed a hospital lien for…
Date: June 15, 2015
Docket Number: S14G1767
Justia Opinion Summary: Gary Frost was charged with driving under the influence of alcohol to the extent that he was less safe to drive. At the time of his arrest, he refused to submit to a state-administered breath test required by OCGA…
Date: June 15, 2015
Docket Numbers: S14G1780, S14G1781
Justia Opinion Summary: The Supreme Court granted petitions for certiorari filed by appellants Judson Turner, the Director of the Environmental Protection Division (EPD) of the Georgia Department of Natural Resources (DNR), and the Grady County…
Date: June 15, 2015
Docket Number: S14G1862
Justia Opinion Summary: Brian Wedereit sued BAC Home Loans Servicing, L.P. ("BAC") for (among other things) breach of contract and wrongful foreclosure. BAC moved for summary judgment, and the trial court denied BAC's motion on Wedereit's…
Date: June 15, 2015
Docket Number: S15A0011
Justia Opinion Summary: Appellant Hemy Neuman was indicted and tried for murder and firearm possession in connection with the shooting death of Russell Sneiderman. Neuman pled not guilty by reason of insanity, claiming that he suffered from…
Date: June 15, 2015
Docket Number: S15A0103
Justia Opinion Summary: Christopher Evans appealed a superior court order denying his petition for a writ of mandamus. Evans served as Director of Operations for the Georgia Electronic Design Center at the Georgia Institute of Technology. In…
Date: June 15, 2015
Docket Number: S15A0117
Justia Opinion Summary: This case involved a highly contentious dispute over certain official actions of Mary Ann Whipple Lue, Mayor of the City of Gordon. Mayor Lue was the first African-American to be elected mayor of Gordon, sworn into…
Date: June 15, 2015
Docket Number: S15A0146
Justia Opinion Summary: Oasis Goodtime Emporium I, Inc., d/b/a Oasis, described itself as a "restaurant featuring nude dance entertainment and alcohol service." Oasis appealed to the Supreme Court "to preserve those two pillars of its business…
Date: June 15, 2015
Docket Numbers: S15X0184, S15A0183
Justia Opinion Summary: This appeal and cross-appeal involved a longstanding financial dispute between appellant and cross-appellee Jim Tafel, and appellee and cross-appellant Lion Antique Cars & Investments, Inc., involving two Ferrari race…
Date: June 15, 2015
Docket Number: S15A0309
Justia Opinion Summary: Appellant Joshua Bernard Ferguson was convicted of murder and related offenses in connection with the stabbing deaths of two victims in May 2009. Ferguson appealed, asserting insufficiency of the evidence, erroneous…
Date: June 15, 2015
Docket Number: S15A0504
Justia Opinion Summary: Appellant Fabian Powers was convicted of felony murder and possession of a firearm during the commission of a felony in connection with the shooting death of Alfred Boyd. Appellant argued on appeal to the Supreme Court…
Date: June 15, 2015
Docket Number: S15A0586
Justia Opinion Summary: After a jury trial, Faud Abdulaziz Mohamud was found guilty of malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a felony. On appeal, Mohamud argued, among other…
Date: June 15, 2015
Docket Number: S15A0588
Justia Opinion Summary: In July 1998, Jamel Humphrey negotiated a plea agreement with the State, entered a plea of guilty but mentally ill, was convicted of murder upon his plea, and was sentenced to a term of imprisonment for life with the…
Date: June 15, 2015
Docket Numbers: S15A0600, S15A0601
Justia Opinion Summary: Appellants William and Sharmilla Powell were husband and wife. They appealed their convictions stemming from the 2008 death of Jesse Evans and the armed robbery of Geno Evans and Antonio Cunningham. William sold drugs…
Date: June 15, 2015
Docket Number: S15A1076
Date: June 1, 2015
Docket Number: S14G1061
Justia Opinion Summary: The Georgia Supreme Court granted certiorari review in this case to consider whether under the new Georgia Evidence Code (OCGA 24-4-404 (b), “Rule 404 (b)"), evidence of appellee Michael Jones’ 2005 conviction for…
Date: June 1, 2015
Docket Number: S14G1202
Justia Opinion Summary: The Georgia Supreme Court granted certiorari to review the Court of Appeals’ decision affirming the dismissal of Cecily Considine’s lawsuit against the receivers appointed in her separate lawsuit against her former…
Date: June 1, 2015
Docket Number: S14G1628
Justia Opinion Summary: In the early morning hours of February 19, 2006, DeShawn Coatney returned home from work to find that the curtains had been disturbed. Afraid that appellee Andra Easter might be in her home, Coatney retrieved a gun she…
Date: June 1, 2015
Docket Number: S14G1878
Justia Opinion Summary: The issue this case presented for the Supreme Court's review centered on recovery under an uninsured motorist (UM) insurance policy. Specifically, the issue was whether the burden of proof on summary judgment between the…
Date: June 1, 2015
Docket Number: S15A0040
Justia Opinion Summary: Appellant Mack Trimble was convicted of felony murder and related offenses in relation to the 2005 shooting death of Cegi Hall. He appealed, arguing that the evidence presented at trial supported a finding of voluntary…
Date: June 1, 2015
Docket Number: S15A0139
Justia Opinion Summary: Appellant Lewis Dyal was tried by jury and convicted of murder, aggravated assault, and the unlawful possession of a firearm during the commission of a felony, all in connection with the fatal shooting of his adult son,…
Date: June 1, 2015
Docket Number: S15A0202
Justia Opinion Summary: Under the parties' 2012 divorce decree and incorporated settlement agreement, Terry Gooch was required to select a certain option for his retirement benefits, and to designate Nancy Gooch as the survivor beneficiary;…
Date: June 1, 2015
Docket Number: S15A0260
Justia Opinion Summary: In 2005, a jury convicted Gregory Walker of malice murder and related crimes, and the jury recommended the death sentence. The Georgia Supreme Court unanimously affirmed Walker’s convictions and sentences. In September…
Date: June 1, 2015
Docket Number: S15A0281
Justia Opinion Summary: Petitioner Andrew Magnuson was indicted by grand jury on charges of enticing a child for indecent purposes (two counts), possession of child pornography, and attempted kidnaping. The State appealed the grant of habeas…
Date: June 1, 2015
Docket Number: S15A0296
Justia Opinion Summary: Ricky Smith was convicted by jury of malice murder, aggravated assault and various other offenses in connection with the 2010 shooting of Steven Smith, and the shooting death of Tajuana Stroud. On appeal, Smith argued…
Date: June 1, 2015
Docket Number: S15A0310
Justia Opinion Summary: Quentric Williams appealed his convictions and sentences for malice murder, two counts of fleeing a police officer, and possession of a firearm during the commission of a crime, all in connection with the 2012 death of…
Date: June 1, 2015
Docket Number: S15A0319
Justia Opinion Summary: Defendant Adrian White was convicted by jury of malice murder, felony murder, two counts of aggravated assault and possession of a firearm during the commission of a felony. On appeal, White argued the trial court made…
Date: June 1, 2015
Docket Number: S15A0355
Justia Opinion Summary: The State indicted appellee Jerry Sutton for malice murder in connection with the shooting of his brother-in-law, William Anderson. The trial court granted Sutton's motion to dismiss, finding that appellee acted in…
Date: June 1, 2015
Docket Number: S15A0379
Justia Opinion Summary: Brandon Norwood was convicted by jury of felony murder, aggravated assault, and various other offenses in connection with the shooting deaths of Jimmy Prak and Vandit Patel. On appeal, Norwood argued that he received…
Date: June 1, 2015
Docket Number: S15A0404
Justia Opinion Summary: Maurice Aikens was tried by jury and convicted of murder and several other crimes in connection with the fatal shooting of Kyle Moore. Aikens appealed, arguing: (1) that the evidence was insufficient to sustain one of…
Date: June 1, 2015
Docket Number: S15A0405
Justia Opinion Summary: A jury found Richard Norred guilty but mentally ill for the shooting death of his sister Leigh Pope, the attempted murders of his sister Amy Lefebvre and his mother Carol Norred (in addition to other crimes). Norred…
Date: June 1, 2015
Docket Number: S15A0406
Justia Opinion Summary: Appellant Land USA, LLC filed suit against Georgia Power Company for quiet title, trespass, and ejectment, challenging the validity of an easement Georgia Power claimed on property owned by Land USA in Fulton County.…
Date: June 1, 2015
Docket Number: S15A0447
Justia Opinion Summary: Dario Crosdale appealed his convictions and sentences for malice murder, aggravated assault, and possession of a firearm during the commission of a crime, all in connection with the 2005 deaths of his wife, Mona…
Date: June 1, 2015
Docket Numbers: S15A0463, S15A0464
Justia Opinion Summary: On February 13, 2013, Singlee Soun and Chaz Ballard were each indicted for four counts of felony murder, three counts of aggravated assault, one count of possession of a firearm by a convicted felon, and four counts of…
Date: June 1, 2015
Docket Number: S15A0590
Justia Opinion Summary: Dustin Cotton was tried by jury and convicted of murder and other crimes in connection with the fatal stabbing of Tyriss Turner. Cotton appealed, arguing that the verdict was against the weight of the evidence. Cotton…
Date: June 1, 2015
Docket Number: S15A0591
Justia Opinion Summary: Appellant James Daughtie was convicted on all eight counts of an indictment, which included malice murder and theft by receiving stolen property. He appealed, arguing (among other things) that the evidence was…
Date: June 1, 2015
Docket Number: S15A0614
Justia Opinion Summary: Appellant Ronald Smith appealed his convictions for felony murder and other crimes in connection with the shooting death of Genai Coleman. Appellant’s sole contention on appeal was that the trial court improperly…
Date: June 1, 2015
Docket Number: S15F0039
Justia Opinion Summary: James Partridge (Husband) and Bridget Partridge (Wife) were married in 1994, and had two children together. One child was born in 1994, and the other was born in 1997. The parties separated in 2013. Wife filed for…
Date: June 1, 2015
Docket Number: S15F0401
Justia Opinion Summary: Following the denial of her motion for new trial, as amended, Alba Mallard (Wife) was granted a discretionary appeal from the final judgment and decree of divorce dissolving her marriage to Kenneth Mallard (Husband). The…
Date: May 11, 2015
Docket Number: S14G1184
Justia Opinion Summary: Appellees Larry Garner, Sr. and Larry Garner, Jr. were minority shareholders in the Callaway Blue Springs Water Company (CBSW), a closely held corporation. The majority shareholder was Cason Callaway, Jr. In 2007, the…
Date: May 11, 2015
Docket Number: S14G1223
Justia Opinion Summary: In January 1992, Diversified Capital Management, Inc. leased premises designated as a grocery store to James Bostick. In August 1992, Diversified assigned its rights as lessor to Ingram Timber Enterprises, L.P. In…
Date: May 11, 2015
Docket Number: S14G1762
Justia Opinion Summary: Appellant Calvin Alexander pled guilty to three counts of aggravated child molestation, two counts of statutory rape, three counts of child molestation and two counts of enticing a child for indecent purposes pursuant to…
Date: May 11, 2015
Citation: 328 Ga. App. 368
Docket Number: S14G1775
Justia Opinion Summary: In "Oliver v. McDade," (762 SE2d 96 (2014)), the Court of Appeals affirmed the trial court's denial of a motion for partial summary judgment brought by Crider Transportation and Jerome Oliver, finding that a question of…
Date: May 11, 2015
Docket Number: S15A0106
Justia Opinion Summary: Gary Mims (husband) and Lynn Mims (wife) married in 1986 and were divorced in 2008. At the time of their divorce, two of the couple's four children were minors. The final divorce decree incorporated a settlement…
Date: May 11, 2015
Docket Number: S15A0189
Justia Opinion Summary: Brandon Henry was tried by jury and convicted of murder and other crimes, all in connection with the 2010 fatal shooting of John Golden. Henry appealed, contending that the evidence was legally insufficient to sustain…
Date: May 11, 2015
Docket Number: S15A0299
Justia Opinion Summary: Appellant Cornelius Price was convicted of malice murder and related crimes for the death of Chad Shirey. On appeal, appellant only raised one alleged error: that his confession should have been suppressed because it was…
Date: May 11, 2015
Docket Number: S15A0308
Justia Opinion Summary: Peter McLean was tried by jury and convicted of the 2012 murder of LaTonya Jones, an aggravated assault upon Shevella Geddis, and the unlawful possession of a firearm during the commission of a felony. McLean appealed,…
Date: May 11, 2015
Docket Number: S15A0340
Justia Opinion Summary: The victim was born in June 2004 and had no major health issues except asthma (which was under control). In 2005, the victim's mother was incarcerated. In March 2006, the child went to live with appellant, who was the…
Date: May 11, 2015
Docket Number: S15A0341
Justia Opinion Summary: After a jury trial, Kevin Lamar was found guilty of murder, felony murder, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon with regard to…
Date: May 11, 2015
Docket Numbers: S15A0362, S15A0641
Justia Opinion Summary: McHugh Fuller Law Group, PLLC, a Mississippi-based law firm, ran a full-page advertisement in a Northeast Georgia local newspaper, noting that Heritage Healthcare of Toccoa, a Stephens County nursing home owned by…
Date: May 11, 2015
Docket Number: S15A0370
Justia Opinion Summary: Appellant Jennifer Renay McLeod was convicted for the 2009 murders of Harold Reese, Jr., and Jerry Lee Lawrence, along with related crimes. Appellant effectively served as “bait” to entice a person she believed to be a…
Date: May 11, 2015
Docket Number: S15A0421
Justia Opinion Summary: Following a jury trial, Willie Mann was found guilty of the 2000 felony murder and aggravated assault of Dennis Bennett. On appeal, Mann argued that, among other things, the trial court erred by failing to suppress one…
Date: May 11, 2015
Docket Number: S15A0450
Justia Opinion Summary: Appellant Kelvin Hager was convicted by a jury of malice murder and other crimes related to the 2009 shooting death of victim Rashad Sampson. Appellant appealed the trial court's denial of his motion for new trial.…
Date: May 11, 2015
Docket Number: S15A0573
Justia Opinion Summary: The parties to this case were divorced in 2007, and a child support order was entered as part of the final judgment pursuant to which appellee Joseph Marlowe (Husband) was ordered to pay appellant Ronni Green Marlowe…
Date: May 11, 2015
Docket Number: S15A0578
Justia Opinion Summary: Appellant Maurice Dugger was convicted of felony murder and armed robbery in connection with the shooting death of Leonard Cox. On appeal, he challenged the sufficiency of the evidence and alleged double jeopardy…
Date: May 11, 2015
Docket Number: S15A0589
Justia Opinion Summary: Takeyia Guthridge appealed her convictions of malice murder and aggravated assault in connection with the 2012 fatal stabbing of her mother, Deloise Adu, and the assault with a knife of her step-brother, Frank Adu. She…
Date: May 11, 2015
Docket Numbers: S15A0613, S15A0612
Justia Opinion Summary: Following a joint trial, Roderick Taylor and Abdul Bessent were found guilty for the felony murder of Michael Key and Phyllis Frazier, the aggravated assault of Roney Wilson and Meagan Molix, conspiracy to commit armed…
Date: May 11, 2015
Docket Number: S15Q0286
Justia Opinion Summary: The Eleventh Circuit Court of Appeals certified a question of law to the Georgia Supreme Court. The certified question arose out of a declaratory judgment action related to underinsured motorist (“UIM”) coverage under a…
Date: April 20, 2015
Docket Number: S14G1891
Justia Opinion Summary: The owner of Mamilove, LLC, and its officers, sisters Michele and Lorraine Reymond sought rescission of a franchise agreement and damages for claims related to their negotiations for, and ultimate purchase of, a daycare…
Date: April 20, 2015
Docket Number: S15A0037
Justia Opinion Summary: Appellant Brian Kass was convicted of malice murder and related crimes after a grand jury indicted him for the 2010 shooting death of Martinez Turner. Appellant challenged the sufficiency of the evidence presented…
Date: April 20, 2015
Docket Number: S15A0041
Justia Opinion Summary: This appeal stems from a divorce action filed by appellant-wife Kayleen Pollard against husband Brian Pollard. The final judgment and decree was entered July 31, 2013. Wife retired in 2012 after the divorce complaint was…
Date: April 20, 2015
Docket Number: S15A0045
Justia Opinion Summary: After a jury trial, Hugo Tepanca was found guilty of malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a felony, all in connection to the 2008 shooting death of Jose…
Date: April 20, 2015
Docket Number: S15A0110
Justia Opinion Summary: Pro-se petitioner David Cordova (a/k/a Cordoba) appealed a superior court decision to deny his "motion to vacate void sentence" after he negotiated to guilty pleas to malice murder, armed robbery and kidnapping with…
Date: April 20, 2015
Docket Numbers: S15A0135, S15A0251
Date: April 20, 2015
Docket Numbers: S15A0147, S15X0148
Justia Opinion Summary: Justin Chapman was convicted of arson and felony murder regarding a 2006 fire that was intentionally set outside the front door of his duplex apartment, resulting in the death of a resident who lived on the other side of…
Date: April 20, 2015
Docket Number: S15A0316
Justia Opinion Summary: Appellant Lamar Freeman was convicted of felony murder and other related crimes based upon a guilty plea entered in 1995. The criminal charges against appellant included a charge of malice murder and other crimes related…
Date: April 20, 2015
Docket Number: S15A0396
Justia Opinion Summary: Following the denial of his motion for new trial Abel Torres appealed his convictions on malice murder, aggravated assault, false imprisonment, and possession of a firearm during the commission of a felony in connection…
Date: April 20, 2015
Docket Number: S15Q0418
Justia Opinion Summary: Piedmont Office Realty Trust, Inc. purchased two insurance policies: a primary policy issued by Liberty Surplus Insurance Company and an excess coverage policy issued by XL Specialty Insurance Company ("XL"). The excess…
Date: April 20, 2015
Docket Numbers: S15Y0057, S15Y0058, S15Y0059, S15Y0060
Date: March 27, 2015
Docket Number: S14A1352
Justia Opinion Summary: In October 1998, Torrey Hill was tried by a jury upon an indictment that charged Hill with several crimes, including the forcible rape of A. G., who was fourteen years of age at the time of the alleged crimes. Although…
Date: March 27, 2015
Docket Number: S14A1373
Justia Opinion Summary: Travius Taylor appealed his convictions and sentences for malice murder and possession of a firearm during the commission of a crime, all in connection with the 2008 death of Kasey Cogburn. Taylor raised several of…
Date: March 27, 2015
Docket Numbers: S14A1375, S14X1376
Justia Opinion Summary: In 2013, a grand jury indicted Mani Chulpayev for the murder of Melvin Vernell, III and related crimes. The indictment also charged four other men, including Decensae White and Gary Bradford, with the murder and related…
Date: March 27, 2015
Docket Number: S14A1430
Justia Opinion Summary: Miles Allen appealed his convictions and sentences for malice murder, aggravated assault, kidnapping, and false imprisonment, all in connection with the 2006 death of Carlnell Walker. Allen raised several issues of…
Date: March 27, 2015
Docket Number: S14A1493
Justia Opinion Summary: In 2009, John Sherman, a resident and taxpayer of Fulton County, filed suit, on behalf of himself and all others similarly situated, against the Fulton County Board of Assessors (“FCBOA”), along with its Chief Appraiser…
Date: March 27, 2015
Docket Number: S14A1532
Justia Opinion Summary: Appellant William Woodard was convicted of malice murder and other crimes in connection with the shooting deaths of two DeKalb County police officers, Eric Barker and Ricky Bryant, Jr. Although the State sought the death…
Date: March 27, 2015
Docket Number: S14A1625
Justia Opinion Summary: Following a bench trial, John Cletus Williams was convicted of driving under the influence of drugs (“DUI”), and failure to maintain lane. He unsuccessfully moved to suppress the results of a state-administered blood…
Date: March 27, 2015
Docket Number: S14A1646
Justia Opinion Summary: Appellant Kajul Harvey appealed the trial court’s denial of her plea in bar based on double jeopardy after her first trial for murder and other crimes ended in a mistrial. After review, the Supreme Count concluded that…
Date: March 27, 2015
Docket Number: S14A1652
Justia Opinion Summary: Matthew Chan ran a website on which he and others published commentary critical of copyright enforcement practices that they considered to be predatory. Linda Ellis, a poet, drew the ire of Chan and his fellow…
Date: March 27, 2015
Docket Number: S14A1797
Justia Opinion Summary: Appellant Michael Favors was convicted of murder, burglary, aggravated assault on a peace officer, and other related offenses in connection with the December 2003 shooting death of Theodore Barber. Favors appealed,…
Date: March 27, 2015
Docket Number: S14A1840
Justia Opinion Summary: Appellant Ricardo Daughtry was convicted of malice murder and other serious crimes in connection with the shooting death of William Watson, and of two additional crimes, possession of cocaine and obstruction of an…
Date: March 27, 2015
Docket Number: S14A1914
Justia Opinion Summary: This case involves a dispute among the grandchildren of decedent Mildred Warnock Hilton concerning the distribution of her estate. The probate court denied probate of Decedent’s purported 1988 will, which meant that her…
Date: March 27, 2015
Docket Number: S14G0919
Justia Opinion Summary: The Georgia Supreme Court granted certiorari to the Court of Appeals in “Fisher v. Gala,” (754 SE2d 160 (2014)) to determine if that the appellate court properly held that, in a professional malpractice action, when a…
Date: March 16, 2015
Docket Number: S14A1314
Justia Opinion Summary: This case centered on a dispute between appellant Shalanda Sanders (née Riley) and her purported biological half-brother, appellee Curtis Riley over the estate of Clifford "Colonel" Riley, who died without leaving a…
Date: March 16, 2015
Docket Number: S14A1336
Justia Opinion Summary: A jury convicted Appellant Marco Cordero of felony murder and other serious crimes stemming from events on and between January 16-18, 2008, which resulted in the death of four-year-old Mark Mendez. For assaults on the…
Date: March 16, 2015
Docket Number: S14A1418
Justia Opinion Summary: Appellant Wisdom Jeffrey was convicted of murder and related crimes in connection with the August 2010 shooting death of his wife. Jeffrey appealed, arguing only that his trial counsel rendered ineffective assistance by…
Date: March 16, 2015
Docket Number: S14A1497
Justia Opinion Summary: Keith Roberts appealed the denial of his motion for new trial (as amended), and his convictions for malice murder, kidnaping, and false imprisonment in connection with the death of Carlnell Walker caused by hyperthermia…
Date: March 16, 2015
Docket Number: S14A1507
Justia Opinion Summary: Pursuant to a contract with the Greene County Board of Education, Lake Oconee Academy, Inc. operated a public charter school. The Greene County Development Authority proposed to issue $14 million in revenue bonds to…
Date: March 16, 2015
Docket Number: S14A1658
Justia Opinion Summary: Appellant Reginald Cooper was found guilty of malice murder, felony murder, aggravated assault, and two counts of possession of a knife during the commission of a crime in connection with the 2005 death of Kelvin…
Date: March 16, 2015
Docket Numbers: S14A1669, S14A1673
Justia Opinion Summary: In two cases, Joseph Neal, Jr. appealed the trial court’s orders modifying child custody and child support as they pertain to his two children by two different marriages. Neal and Allyson Hibbard were divorced in 2000.…
Date: March 16, 2015
Docket Number: S14A1715
Justia Opinion Summary: Appellant Perrie Quintez Smith was found guilty of malice murder, felony murder, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a first offender probationer…
Date: March 16, 2015
Docket Number: S14A1874
Justia Opinion Summary: The issue this appeal presented for the Supreme Court's review centered on a superior court's validation of roughly $200 million in municipal bonds (the "2014 NSP Bonds") that were to be issued by the Atlanta Development…
Date: March 16, 2015
Docket Number: S14A1884
Justia Opinion Summary: Deimeyon Allen appeals from his convictions and sentences for the 2008 malice murder of Keith Booker, aggravated assault of David Armour, and possession of a firearm during the commission of a crime. On appeal to the…
Date: March 16, 2015
Docket Number: S14G0591
Justia Opinion Summary: In March 2011, the Chief Judge of the Clayton Judicial Circuit, at the request of the Clayton County District Attorney, issued an order authorizing the impaneling of a special purpose grand jury to investigate certain…
Date: March 16, 2015
Docket Number: S14G0622
Justia Opinion Summary: Following a fatal accident in June 2011, police officers insisted that Jack Hughes (the driver of a vehicle involved in that accident) submit to a blood test. Hughes did so, and he later was indicted for several crimes…
Date: March 2, 2015
Docket Number: S14A1329
Justia Opinion Summary: Ricci Mobley was tried by jury and convicted of murder and several other crimes, all in connection with the killing of Bryan Tinch. On a motion for new trial, however, the trial court set aside those convictions,…
Date: March 2, 2015
Docket Number: S14A1342
Justia Opinion Summary: Appellant Steve McDonald was convicted of malice murder and related crimes in connection with the 2001 death of Kim Condry. Appellant appealed, contending that his trial counsel rendered ineffective assistance.…
Date: March 2, 2015
Docket Number: S14A1365
Justia Opinion Summary: Appellant Christopher Bradshaw and Michael Boykin were jointly indicted for malice murder and other crimes in connection with the shooting deaths of Devonta Stembridge and Dion Brice. The trial court severed…
Date: March 2, 2015
Docket Number: S14A1701
Justia Opinion Summary: Appellant D’hari Black was tried by jury and convicted of the murder of her 11-month-old son, Keith Black III, as well as aggravated assault and child cruelty as to her two-year-old daughter, Kyara Black. Appellant…
Date: March 2, 2015
Docket Number: S14A1702
Justia Opinion Summary: Appellant Jarquez Jones was convicted of two counts of malice murder for the shooting deaths of Thaddeus Nelson and Randy Wilder; four counts of aggravated assault for shooting toward Amanda Hill, Alexis Jenkins, Audra…
Date: March 2, 2015
Docket Number: S14A1824
Justia Opinion Summary: This dispute centered on the use of the service marks, “Miss India Georgia” and “Miss Teen India Georgia,” (collectively “Marks”). The Marks were used in connection with beauty pageants, initially hosted in 1987 by…
Date: March 2, 2015
Docket Number: S14A1870
Justia Opinion Summary: The Supreme Court granted appellant Paul Kanitra’s application to address whether, as a holdover member of the City of Greensboro Planning and Zoning Board (the “Board”), he could only be removed for cause or whether the…
Date: March 2, 2015
Docket Number: S14A1872
Justia Opinion Summary: Appellant Michael Gomillion was convicted of murder and related crimes stemming from the 2005 shooting death of Clyde Chaney. Appellant challenged the sufficiency of the evidence presented against him at trial, and the…
Date: March 2, 2015
Docket Number: S14A1925
Justia Opinion Summary: Appellant Eric Heard was convicted by a jury of murder and related offenses in connection with a July 2009 burglary and attempted robbery culminating in the shooting death of Shereecka Pitts in the presence of her two…
Date: March 2, 2015
Docket Number: S14G0603
Justia Opinion Summary: In "MCG Health, Inc. v. Kight," (750 SE2d 813 (2013)), the Court of Appeals held that MCG Health, Inc. (Hospital) was not precluded from filing a hospital lien in order to collect charges associated with the treatment of…
Date: February 16, 2015
Docket Number: S14A1331
Justia Opinion Summary: James Glenn, III appealed his convictions and sentences for the felony murder of Cliff Brannon and possession of a firearm during the commission of a crime. On appeal, Glenn challenged the sufficiency of the evidence…
Date: February 16, 2015
Docket Number: S14A1359
Justia Opinion Summary: Appellant Kevin Kosturi was convicted of malice murder and other crimes in connection with the 2011 shooting death of Angel Freeman. On appeal, he argued only that the evidence presented at his trial was legally…
Date: February 16, 2015
Docket Number: S14A1370
Justia Opinion Summary: Appellant Carrie Leeks was convicted by a jury of murder and related offenses for the 2006 stabbing death of her husband, Louis Woodall. Appellant appealed the denial of her amended motion for new trial and the grant of…
Date: February 16, 2015
Docket Number: S14A1372
Justia Opinion Summary: Appellant Antonio Anderson was convicted of malice murder and other crimes in connection with the 2005 shooting death of Marcus Key. On appeal, he argued that the trial judge referred to his trial counsel and the…
Date: February 16, 2015
Docket Number: S14A1419
Justia Opinion Summary: A grand jury returned an indictment against John Hites for his involvement with the 2010 stabbing of Che Mitchem. Hites appealed the denial of his motion for new trial, as amended, and his conviction for felony murder…
Date: February 16, 2015
Docket Number: S14A1471
Justia Opinion Summary: The State appealed the grant of habeas relief to Patrick Cusack. Cusack pled guilty to one count of aggravated stalking, and seven counts of second-degree criminal damage to property. Cusack filed a petition for habeas…
Date: February 16, 2015
Docket Number: S14A1478
Justia Opinion Summary: Appellant Courtney Sales was found guilty of felony murder, armed robbery, and possession of a firearm during the commission of a crime in connection with the 2005 shooting death of Jamal Cooper. On appeal to the Supreme…
Date: February 16, 2015
Docket Number: S14A1524
Justia Opinion Summary: Following the entry of a plea of guilty but mentally ill, Robert Spriggs, Jr. was convicted in October 2012 of murder and several other crimes and sentenced. About seven months later, Spriggs filed a motion to withdraw…
Date: February 16, 2015
Docket Number: S14A1685
Justia Opinion Summary: Appellant Constance Clark was convicted of malice murder and a firearm offense as a party to the 2005 shooting death of her husband, William. On appeal, she argued that the evidence presented at trial was insufficient to…
Date: February 16, 2015
Docket Number: S14A1703
Justia Opinion Summary: A jury found appellant Veasa Bun guilty of malice murder and other crimes in connection with the 2011 shooting death of Sheriff’s Deputy Richard Daly. Bun, who was seventeen years old at the time the crimes were…
Date: February 16, 2015
Docket Number: S14A1705
Justia Opinion Summary: Appellant Marta Corvi appealed her convictions for second-degree cruelty to children and for reckless conduct related to the drowning deaths of Sophia Juarez and Mia Penoyer. On appeal, appellant argued the trial court…
Date: February 16, 2015
Docket Number: S14A1749
Justia Opinion Summary: Appellant Quinton Jones appeals his convictions for malice murder and other related offenses arising out of a drug transaction. Appellant argued he received ineffective assistance of trial counsel on appeal to the…
Date: February 16, 2015
Docket Number: S14A1937
Justia Opinion Summary: Frankie Williams appealed the denial of his motion for new trial and his conviction and sentence for malice murder in connection with the 2011 fatal drive-by shooting of Jerry Bodiford, Jr. Williams argued on appeal that…
Date: February 16, 2015
Docket Number: S14G0619
Justia Opinion Summary: Appellee Barto Mitcham filed a negligence action against appellants, the City of Atlanta (the “City”) and George Turner, in his official capacity as the Chief of Police for the City of Atlanta Police Department, alleging…
Date: February 16, 2015
Docket Number: S14G0753
Justia Opinion Summary: Lucious Primas was injured while driving a prison work-detail van owned by the City of Milledgeville. The van was leased to the Georgia Department of Corrections but pursuant to contract, the City was responsible for…
Date: February 16, 2015
Docket Number: S14G1005
Justia Opinion Summary: The Georgia Supreme Court granted certiorari in this case to decide whether, under Georgia’s new Evidence Code, hearsay evidence is admissible in determining whether an out-of-state person is a material witness to a…
Date: February 16, 2015
Docket Number: S14P1344
Justia Opinion Summary: Defendant Steven Spears was convicted by jury of murder and several related crimes, all in connection with the 2001 death of Sherri Holland. Finding two aggravating circumstances, the jury recommended the death penalty.…
Date: February 2, 2015
Docket Number: S14A1278
Justia Opinion Summary: Following a jury trial, Lynitra Ross was found guilty of malice murder based on her role in a murder-for-hire plot that resulted in the 2010 shooting death of Richard Schoeck. On appeal, Ross argued that the trial court…
Date: February 2, 2015
Docket Number: S14A1406
Justia Opinion Summary: This appeal centered on the proper interpretation of a will executed by Hodge King that appeared to leave certain real property to his wife, Hattie in fee simple, but that also appeared to leave this same property to Mr.…
Date: February 2, 2015
Docket Number: S14A1482
Justia Opinion Summary: William Stewart appealed his convictions for murder and related crimes in the 2010 death of his five-month-old son James. Stewart argued the evidence was insufficient to sustain his convictions, and that the trial court…
Date: February 2, 2015
Docket Number: S14A1525
Justia Opinion Summary: Appellant Michael Wetherington appealed the denial of his motion for an out-of-time appeal of his convictions. The Supreme Court concluded after review that appellant did not show he had a right to file even a timely…
Date: February 2, 2015
Docket Number: S14A1531
Justia Opinion Summary: Ray Bryant was tried by jury and convicted of murder and other crimes, all in connection with the 2006 fatal shooting of Jurell Williams. Bryant appealed, arguing that the evidence was legally insufficient to sustain his…
Date: February 2, 2015
Docket Number: S14A1656
Justia Opinion Summary: Husband-appellee Rex Reynolds filed for divorce from appellant-Wife Dorothy Reynolds, alleging that she was a non-resident of Georgia, and that she could be served by publication. Husband subsequently filed a motion for…
Date: February 2, 2015
Docket Number: S14A1657
Justia Opinion Summary: The State appealed the trial court’s decision to grant appellee Steve Sims, Jr.’s motion for new trial in regard to his convictions and sentences for felony murder and possession of a firearm during the commission of a…
Date: February 2, 2015
Docket Number: S14A1679
Justia Opinion Summary: Carlos Redding was tried by jury and convicted of murder, as well as two crimes involving the unlawful possession of a firearm, all in connection with the 2010 fatal shooting of Nelson Mann. Redding appealed, arguing…
Date: February 2, 2015
Docket Number: S14A1722
Justia Opinion Summary: Appellant Jean DeVaughn was convicted of malice murder and other crimes in connection with the 2005 shooting death of William Clark. On appeal, he argued that the trial court erred in striking two black jurors for cause,…
Date: February 2, 2015
Docket Number: S14A1882
Justia Opinion Summary: James Whitfield filed suit against the City of Atlanta and Secure Parking Enforcement, LLC (SPE) after his car was booted in Northeast Atlanta while illegally parked in a lot reserved for customers of a dry cleaning…
Date: February 2, 2015
Docket Numbers: S14A1908, S14A1910
Justia Opinion Summary: Appellants Holly and Polly Stubblefield, and appellees Loxley and William Stubblefield, are sisters and brothers. The sisters were residents of Florida; the brothers lived in Mississippi. Together, the siblings were…
Date: February 2, 2015
Docket Number: S14A1918
Justia Opinion Summary: Appellant Bobby Thomas was convicted (as a party to the crimes) for malice murder and other offenses arising out of a 2006 convenience store robbery. Appellant argued that the evidence was insufficient to sustain his…
Date: February 2, 2015
Docket Number: S14A1933
Justia Opinion Summary: Paul Johnson was tried by jury and convicted of murder and other crimes, all in connection with the 2004 killing of Craig Porter. Johnson appealed, arguing that the evidence was insufficient to sustain his convictions,…
Date: January 20, 2015
Docket Numbers: S14A1286, S14A1287
Justia Opinion Summary: Appellants Mason Babbage and Samuel Hall were jointly tried and convicted of murder, armed robbery, and related crimes in connection with the October 2011 death of Breyon Alexander. Both men were sentenced to life in…
Date: January 20, 2015
Docket Number: S14A1293
Justia Opinion Summary: Following the denial of his motion for new trial, Marcus Funck appealed his conviction for felony murder while in the commission of criminal attempt to possess cocaine in connection with the death of Charles Johnson.…
Date: January 20, 2015
Docket Number: S14A1296
Justia Opinion Summary: Javon Durham was tried by jury and convicted on murder and other crimes related to the death of Cornelius Baldwin. On appeal, Durham argued that the trial court erred in allowing the State to introduce certain testimony.…
Date: January 20, 2015
Docket Number: S14A1347
Justia Opinion Summary: The State appealed a superior court order granting defendant Antonio Colvard's written motion to suppress certain physical evidence and his oral motion to suppress his resulting confession to be used in his prosecution…
Date: January 20, 2015
Docket Number: S14A1369
Justia Opinion Summary: Following a jury trial, Shawn Kitchens was found guilty of felony murder, aggravated assault, possession of a firearm during the commission of a felony, and participation in criminal street gang activity. On appeal,…
Date: January 20, 2015
Docket Number: S14A1371
Justia Opinion Summary: Edward Wallace was convicted by jury of murder and related crimes, all in connection with the shooting death of Kyle Moore. On appeal, Wallace argued that the evidence presented against him was insufficient to sustain…
Date: January 20, 2015
Docket Number: S14A1409
Justia Opinion Summary: Appellant Quanitta Turner appealed her convictions relating to the death of her five-week-old baby. She argued on appeal that her convictions should have been overturned because the evidence presented to convict her was…
Date: January 20, 2015
Docket Number: S14A1411
Justia Opinion Summary: Appellant Michael Rivers was convicted of felony murder in connection with the death of Donald Tanks, III, and possession of cocaine with intent to distribute and sentenced to life imprisonment. He raised several grounds…
Date: January 20, 2015
Docket Number: S14A1431
Justia Opinion Summary: A Fulton County grand jury returned an indictment against appellant Michael Grissom and four co-defendants on March 24, 2006, charging appellant with murder and related offenses relating to the death of Ron Strozier. The…
Date: January 20, 2015
Docket Numbers: S14A1442, S14A1443
Justia Opinion Summary: Miracle Nwakanma and Louis Francis were tried together by jury and convicted for the 2007 murder of Justin Brown, among other crimes. Both Nwakanma and Francis appealed. Nwakanma agued only that he was denied due process…
Date: January 20, 2015
Docket Number: S14A1485
Justia Opinion Summary: A jury convicted Lester Griffin on involuntary manslaughter based on misdemeanor battery as a lesser included offense of malice murder, felony murder, two counts of cruelty to children, aggravated battery, and aggravated…
Date: January 20, 2015
Docket Number: S14A1522
Justia Opinion Summary: Appellant Ron Rhodes had been indicted in connection with the 2000 shooting death of a convenience store clerk. He pled guilty but mentally retarded to charges of malice murder and armed robbery in exchange for the…
Date: January 20, 2015
Docket Number: S14A1570
Justia Opinion Summary: Appellant Nebula McNeely was convicted of two counts of felony murder and other offenses related to shoplifting and the deaths of two individuals arising from an automobile collision. The collision occurred when…
Date: January 20, 2015
Docket Number: S14A1769
Justia Opinion Summary: A jury convicted Preston Whiting of felony murder, aggravated assault, and other related crimes in connection with the shooting death of Quentin Denley and the shooting of Faron Daniels. On appeal Whiting argued the…
Date: January 20, 2015
Docket Number: S14F1754
Justia Opinion Summary: Husband and wife were married in July 2003. Together they had four children, all of whom were minors and resided with their mother in Georgia. In May 2012, wife filed a complaint for divorce alleging that husband was a…
Date: January 20, 2015
Docket Number: S14F1887
Justia Opinion Summary: At the final hearing in the case, the parties to this divorce action, through counsel, indicated they had reached an agreement to all terms of the divorce, property settlement, and child custody issues, and that the only…
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