Supreme Court of Georgia Decisions 2017

Smith v. Northside Hospital, Inc.  
Date: November 2, 2017
Docket Number: S16G1463

Justia Opinion Summary: E. Kendrick Smith, an Atlanta lawyer, brought this action to compel a corporation, Northside Hospital, Inc. and its parent company, Northside Health Services, Inc., (collectively, “Northside”), to provide him with access...

Hodges v. Georgia  
Date: November 2, 2017
Docket Number: S17A0711

Justia Opinion Summary: Appellant Davoris Hodges was found guilty by jury of two counts of felony murder, armed robbery, and two counts of aggravated assault related to the shooting death of Khristal Wright, a Johnson County deputy sheriff. He...

Thompson v. Georgia  
Date: November 2, 2017
Docket Number: S17A0935

Justia Opinion Summary: A jury found appellant Eric Thompson guilty of two counts of malice murder in connection with the deaths of Andre Geddis and Melody Keller. On appeal, Thompson contended the trial court erred by admitting certain evidenc...

Anthony v. Georgia  
Date: November 2, 2017
Docket Number: S17A0989

Justia Opinion Summary: Appellant Jelani Asim Anthony was convicted of malice murder and possession of a firearm during the commission of a crime. On appeal, Anthony contended the trial court erred by: (1) refusing to suppress an identification...

Diversified Holdings, LLP v. City of Suwanee  
Date: November 2, 2017
Docket Number: S17A1140

Justia Opinion Summary: Appellant Diversified Holdings, LLP (“Diversified”) and the City of Suwanee (“the City”) were involved in a zoning dispute regarding the status of 30 acres of undeveloped land located in the City (“Property”). On the mer...

Georgia v. Cohen  
Date: November 2, 2017
Docket Number: S17A1265

Justia Opinion Summary: Mye Brindle worked as a housekeeper and personal assistant to Joe Rogers, who was married. During her employment with Rogers, the two became involved sexually. In June 2012, Brindle hired attorneys David Cohen and John B...

Jones v. Medlin  
Date: November 2, 2017
Docket Numbers: S17A1291, S17A1292, S17A1293

Justia Opinion Summary: This Court granted applications for certificates of probable cause from Mark Jason Jones, Kenneth Eric Gardiner, and Dominic Brian Lucci to appeal the denials of their petitions for writs of habeas corpus. Jones, Gardine...

Lebis v. Georgia  
Date: October 31, 2017
Docket Number: S17A0948

Justia Opinion Summary: Lisa Lebis was convicted by jury of murder and other crimes related to the shooting death of a police officer. On appeal, she argued the evidence was insufficient to support the verdict with regard to a number of counts...

JONES et al. v. PEACH TRADER INC. et al.
Date: October 31, 2017
Docket Number: S17A1314
Jones v. Peach Trader, Inc.  
Date: October 31, 2017
Docket Number: S17A1314

Justia Opinion Summary: This appeal arose from an order modifying an existing interlocutory injunction. In December 2016, appellee Peach Trader Inc., d/b/a A City Discount and A City Discount, Inc. (“Peach Trader”), filed a complaint against ap...

McBee v. Aspire at West Midtown Apartments, L.P.  
Date: October 30, 2017
Docket Number: S17A0683

Justia Opinion Summary: Thomas McBee and his wife Mary (the “McBees”) and Aspire at West Midtown Apartments, L.P. (“Aspire”) were adjoining landowners. The McBees claimed title by prescription to a rectangular strip of land measuring about 24 f...

Benton v. Georgia  
Date: October 30, 2017
Docket Number: S17A0754

Justia Opinion Summary: Matthew Benton was convicted by jury of malice murder and other crimes in connection with the shooting death of Christopher “Black Magic” Ramsay and the wounding of several others. Benton’s motion for a new trial was den...

Community & Southern Bank v. Lovell  
Date: October 30, 2017
Docket Number: S17A0765

Justia Opinion Summary: In 2011, Georgia Trust Bank secured a judgment against Virgil Lovell for $1.2 million. The next year, Georgia Trust failed, and its assets went into receivership with the Federal Deposit Insurance Corporation, which late...

Edwards v. City of Warner Robins  
Date: October 30, 2017
Docket Number: S17A0788

Justia Opinion Summary: This case presented challenges to a municipal zoning ordinance. Because the property owners abandoned their claim that the ordinance was unconstitutionally enacted and did not show that it was unconstitutionally vague as...

Pierce v. Georgia  
Date: October 30, 2017
Docket Number: S17A0828

Justia Opinion Summary: Appellant Matthew Pierce was tried by jury and found guilty on six counts of aggravated child molestation, two counts of child molestation, two counts of sexual battery, and one count each of sexual exploitation of a chi...

Williams v. Georgia  
Date: October 30, 2017
Docket Number: S17A1036

Justia Opinion Summary: Appellant Brodrick Williams was convicted of malice murder, armed robbery, and a firearm offense in connection with the shooting death of Daniel McGee. Appellant appealed, arguing: (1) the evidence presented at trial was...

Georgia v. Addaquay  
Date: October 30, 2017
Docket Number: S17A1046

Justia Opinion Summary: Georgia appealed a habeas court’s order granting relief to appellee Thomas Addaquay on the ground that his plea counsel was constitutionally ineffective in incorrectly advising him of the immigration consequences of his...

Georgia v. Cash  
Date: October 30, 2017
Docket Number: S17A1059

Justia Opinion Summary: Defendants Elgerie Mary Cash and Jennifer Michelle Weathington were tried jointly before a jury in October 2013 and found guilty of malice murder, felony murder, two counts of aggravated assault, and possession of a fire...

Georgia v. Jefferson  
Date: October 30, 2017
Docket Number: S17A1085

Justia Opinion Summary: In 2015, appellees Brenton Jefferson, his brother Santez Jefferson, Demarcus Cawthorne, Jamal Arnold, and Lee Davis were charged with, among other things, attempted murder, aggravated battery, kidnapping, and violations...

RES-GA McDonough, LLC v. Taylor English Duma, LLP  
Date: October 30, 2017
Docket Number: S17A1125

Justia Opinion Summary: Plaintiff RES-GA McDonough LLC (“RES-GA”) brought a legal malpractice action against Taylor English Duma LLP and two of its attorneys (collectively, “Taylor English”). RES-GA contended that Taylor English failed to timel...

Howard v. Howard  
Date: October 30, 2017
Docket Number: S17A1135

Justia Opinion Summary: This case arose out of a divorce settlement agreement between Anita and Benjamin Howard. After the final divorce decree was issued on April 28, 2016, Wife filed a petition for contempt against Husband, alleging that he f...

Brown v. Georgia  
Date: October 30, 2017
Docket Number: S17A1141

Justia Opinion Summary: Appellant Ahmad Brown challenged his convictions for malice murder and other crimes in connection with the shooting death of Deonta Moore. Appellant contended on appeal that he was denied the effective assistance of coun...

SCHMITZ v. THE STATE
Date: October 30, 2017
Docket Number: S17A1199
Williams v. Georgia  
Date: October 30, 2017
Docket Number: S17A1216

Justia Opinion Summary: Appellant Temon Williams was convicted of malice murder and other crimes in connection with the October 2012 stabbing death of Shawn Doughty. Williams appealed, asserting insufficiency of the evidence, erroneous admissio...

Jones v. Georgia  
Date: October 30, 2017
Docket Number: S17A1298

Justia Opinion Summary: Appellant Marlon Jones appealed his convictions stemming from the death of his daughter Jania Parker-Jones. Appellant argued on appeal the evidence was insufficient to convict, his trial counsel rendered constitutionally...

Meadows v. Beam  
Date: October 30, 2017
Docket Number: S17A1305

Justia Opinion Summary: This case involved a dispute among the children of decedent Dorothy Rita Beam concerning the distribution of her estate. Decedent’s daughter, Dorothy Marian Meadows (“Marian”), filed a petition to probate Decedent’s 2014...

Lutz v. Lutz  
Date: October 30, 2017
Docket Number: S17F0985

Justia Opinion Summary: Appellant Leland Lutz (“Husband”) appeals the final judgment and decree of divorce, as well as the trial court’s order granting attorney’s fees to appellee Deborah Lutz (“Wife”). After review, the Georgia Supreme Court d...

City of Marietta v. Summerour  
Date: October 30, 2017
Docket Number: S17G0057

Justia Opinion Summary: This case concerns a small grocery store on Allgood Road in Marietta and, specifically the parcel of land on which that store sat. Ray Summerour owned the land for nearly three decades; the City of Marietta wanted to acq...

Olevik v. Georgia  
Date: October 16, 2017
Docket Number: S17A0738

Justia Opinion Summary: This case calls for the Georgia Supreme Court to decide whether Georgia’s state constitutional protection prohibited law enforcement from compelling a person suspected of DUI to blow their deep lung air into a breathalyz...

Patton v. Vanterpool  
Date: October 16, 2017
Docket Number: S17A0767

Justia Opinion Summary: In January 2014, after approximately three years of marriage, Appellant David Patton filed a complaint for divorce against Appellee Jocelyn Vanterpool, M.D. During the pendency of the divorce, the parties consented to Ap...

Piccione v. Arp  
Date: October 16, 2017
Docket Number: S17A0782

Justia Opinion Summary: Gregory and Adam Piccione (“the Picciones”), grandchildren of testator Virginia Arp (“Virginia”) and children of Donna Piccione (“Donna”), appealed the superior court’s denial of their motion for summary judgment in this...

Glenn v. Georgia  
Date: October 16, 2017
Docket Number: S17A0858

Justia Opinion Summary: A jury found appellant Delron Glenn guilty of malice murder in connection with the shooting death of John Tanner. Glenn appealed, arguing: (1) the trial court erred in denying his motion in limine to prevent lay witness...

Kammerer Real Estate Holdings, LLC v. Forsyth County Bod. of Comm'rs  
Date: October 16, 2017
Docket Number: S17A0924

Justia Opinion Summary: Kammerer Real Estate Holdings, LLC owned a lot on which it wanted to construct an automotive service facility. Kammerer applied for a site development permit. The lot was subject to a zoning condition under the Forsyth C...

Olsen v. Georgia  
Date: October 16, 2017
Docket Number: S17A1014

Justia Opinion Summary: Appellant Robert Olsen was formerly a police officer who was indicted for felony murder and other charges related to the shooting death of an unarmed suspect. The shooting occurred when Olsen responded to a suspicious pe...

Fazio v. Georgia  
Date: October 16, 2017
Docket Number: S17A1020

Justia Opinion Summary: Stephen Fazio was convicted after a bench trial of driving under the influence of alcohol to the extent it was less safe to do so, and driving with an unlawful blood alcohol concentration. He appealed, arguing the trial...

ADAMS et al. v. BAXTER REAL ESTATE HOLDINGS, LLC et al.
Date: October 16, 2017
Docket Number: S17A1023
Shelly v. Town of Tyrone  
Date: October 16, 2017
Docket Number: S17A1064

Justia Opinion Summary: This case arose from “a long-running battle” that appellant Richard Shelley waged against the Town of Tyrone’s zoning ordinances. Because Shelley failed to exhaust his administrative remedies before seeking relief in the...

Georgia Ass'n of Professional Servers v. Jackson  
Date: October 16, 2017
Docket Number: S17A1079

Justia Opinion Summary: The Georgia Association of Professional Process Servers and several of its members, private process servers, (collectively, “the Association”) filed this action seeking mandamus, declaratory judgment, and injunctive reli...

White v. Georgia  
Date: October 16, 2017
Docket Number: S17A1083

Justia Opinion Summary: Appellant Wardell White entered guilty pleas to felony murder and other crimes in connection with the shooting deaths of Victor Martinez and Mauricio Maldonado, and the trial court entered judgments of conviction and sen...

Wimberly v. Georgia  
Date: October 16, 2017
Docket Number: S17A1108

Justia Opinion Summary: Following a bench trial, appellant William Wimberly was found guilty of felony murder, aggravated assault, and possession of a firearm during the commission of a felony, in the 2014 death of Christopher Strickland. He ap...

Cannon v. Georgia  
Date: October 16, 2017
Docket Number: S17A1127

Justia Opinion Summary: A grand jury indicted appellant Juan Cannon for crimes relating to victim Terrence Wiggins being stabbed in the neck because appellant believed Wiggins owed him money. The record showed the stabbing took place in a DeKal...

Anglin v. Georgia  
Date: October 16, 2017
Docket Number: S17A1153

Justia Opinion Summary: Nehemiah Anglin appealed his conviction for felony murder and marijuana possession following the death of Damion Wright. Anglin argued the trial court erred by admitting: (1) testimony that he put a “hit” on the State’s...

Parks v. Georgia  
Date: October 16, 2017
Docket Number: S17A1164

Justia Opinion Summary: Appellant Lewis Parks a/k/a Harris appeals his convictions related to the 2010 death of Lyndon “Pookie” Tucker. Appellant’s sole enumeration of error is that the evidence was insufficient to convict him of the crimes for...

Womens Surgical Center, LLC v. Berry  
Date: October 16, 2017
Docket Number: S17A1317

Justia Opinion Summary: Women’s Surgical Center, LLC d/b/a Georgia Advanced Surgery Center for Women (the “Center”) planned to add a second operating room to its premises in order to create opportunities to form contracts with additional surgeo...

WALKER v. THE STATE
Date: October 16, 2017
Docket Number: S17A1406
Ocmulgee EMC v. McDuffie  
Date: October 16, 2017
Docket Number: S17G0038

Justia Opinion Summary: The issue before the Georgia Supreme Court in this case was whether an employer has to show the availability of suitable employment to justify suspension of workers’ compensation benefits after already establishing that...

Columbus Board of Tax Assessors v. Medical Center Hospital Authority  
Date: October 16, 2017
Docket Number: S17G0091

Justia Opinion Summary: In May 2007, the Medical Center Hospital Authority (“Hospital Authority”) filed an action against the Columbus Board of Tax Assessors and related parties (together, “the Tax Board”) in which it sought a declaration that...

Jordan v. Everson  
Date: October 16, 2017
Docket Number: S17G1491

Justia Opinion Summary: Following the death of Ben Everson, his parents sued Brian Jordan, the emergency room physician who attended to Ben two days before his death. Jordan’s motion for summary judgment was denied by the trial court, and he ap...

IN THE MATTER OF BRENDEN E. MILLER
Date: October 16, 2017
Docket Number: S17Y1536
IN THE MATTER OF JAMES EDWARD RAMBEAU, JR.
Date: October 16, 2017
Docket Number: S17Y1831
IN THE MATTER OF DAVID WESLER FRY
Date: October 16, 2017
Docket Number: S17Y1980
IN THE MATTER OF MELISSA M. CLYATT
Date: October 16, 2017
Docket Number: S17Y2000
IN THE MATTER OF VINCENT C. OTUONYE
Date: October 16, 2017
Docket Number: S18Y0141
Spencer v. Georgia  
Date: October 2, 2017
Docket Number: S16G1751

Justia Opinion Summary: After a jury trial, appellant Mellecia Spencer was convicted of one count of driving under the influence of alcohol (less safe) and one count of possession of an open container. She appealed the judgment of conviction an...

Provenzano v. Jones  
Date: October 2, 2017
Docket Number: S17A0688

Justia Opinion Summary: The Georgia Supreme Court granted discretionary appeal to Lori Provenzano (Wife) to consider whether the trial court erred in its ruling on the petition to modify alimony filed by Forrest Jones (Husband) pursuant to Geor...

Deloney v. Georgia  
Date: October 2, 2017
Docket Numbers: S17A0700, S17A0701

Justia Opinion Summary: In 2001 Appellant Danny Deloney pled guilty to the felony murder of his six-year-old daughter, Porsha, and numerous other crimes. For this, he received the death penalty. Fourteen years later, Deloney filed a motion for...

Williams v. Georgia  
Date: October 2, 2017
Docket Number: S17A0764

Justia Opinion Summary: Derrick Williams appealed the denial of his motion for a new trial following his conviction for malice murder for the death of his wife, Finesse Dawson. Williams argued the trial court erred by: (1) excluding evidence re...

Georgia v. Wilkins  
Date: October 2, 2017
Docket Number: S17A0873

Justia Opinion Summary: The State appealed a trial court’s order granting Nathaniel Wilkins’ pretrial motion in limine to exclude incriminating statements made by his co-defendant Michael Jones with regard to a 2013 double murder. Wilkins and J...

Davis v. Georgia  
Date: October 2, 2017
Docket Number: S17A0949

Justia Opinion Summary: Following the denial of his motion for new trial, as amended, Darius Davis appealed his convictions and sentences for malice murder, criminal attempt to commit armed robbery, aggravated assault with a deadly weapon, poss...

Moran v. Georgia  
Date: October 2, 2017
Docket Number: S17A0967

Justia Opinion Summary: Appellant Misty Sunshine Moran appealed her convictions malice murder, felony murder (attempt to rob), felony murder (aggravated assault), criminal attempt to commit armed robbery, conspiracy to commit a crime, aggravate...

Hampton v. Georgia  
Date: October 2, 2017
Docket Number: S17A0984

Justia Opinion Summary: Appellant Dennis Hampton was found guilty of malice murder and other related crimes in connection with the shooting death of Takilam Terrell. The charges arose from an altercation outside a Cobb County bar in 2013. On ap...

Blackmon v. Georgia  
Date: October 2, 2017
Docket Number: S17A0993

Justia Opinion Summary: Appellant Isaiah Blackmon challenges his convictions for felony murder and other crimes in connection with the shooting death of Edward Cobb and the aggravated assault of Stanton Gilliam. The charges arose from an arrang...

Taylor v. Georgia  
Date: October 2, 2017
Docket Number: S17A1033

Justia Opinion Summary: Appellant Mark Taylor appealed his convictions related to the 2012 death of Charles Weaver. Appellant entered the parking lot of a car dealership and saw a truck that had its engine running and the lights on. Seeing no o...

Freeman v. Georgia  
Date: October 2, 2017
Docket Number: S17A1040

Justia Opinion Summary: David Freeman was found guilty by jury on one count of disorderly conduct, pursuant to OCGA 16-11-39(a)(1). Freeman attended a church service, whereby instead of praying for teachers and students for a successful start t...

Johnson v. Georgia  
Date: October 2, 2017
Docket Number: S17A1105

Justia Opinion Summary: A jury found Craig Johnson guilty of malice murder and other crimes related to the 2008 stabbing death of Nicole Judge. All of the original verbatim trial transcript materials were later destroyed in a fire at the court...

Carter v. Georgia  
Date: October 2, 2017
Docket Number: S17A1126

Justia Opinion Summary: Appellant D’Andre Carter was convicted of malice murder and associated crimes in connection with the 2013 shooting death of Dequavious Reed. On appeal, Carter argued: (1) the evidence was insufficient to sustain his conv...

Smith v. Georgia  
Date: October 2, 2017
Docket Number: S17A1170

Justia Opinion Summary: Appellant Luther Smith, Jr. was convicted of felony murder and other crimes in connection with the February 2007 death of fifteen-month-old Deandra Turner. Smith appealed, arguing the evidence presented against him at tr...

Faust v. Georgia  
Date: October 2, 2017
Docket Number: S17A1177

Justia Opinion Summary: Following the denial of his motion for new trial, Andray Faust appealed his convictions for felony murder while in the commission of an aggravated assault and possession of a firearm during the commission of a felony in...

SHUMAN v. THE STATE
Date: October 2, 2017
Docket Number: S17A1229
McNeal v. Georgia  
Date: October 2, 2017
Docket Number: S17A1290

Justia Opinion Summary: Appellant Demetrius McNeal was tried by jury and found guilty of malice murder, felony murder, aggravated assault, criminal attempt to commit robbery, possession of a firearm during the commission of a felony, and posses...

Vargo v. Adams  
Date: October 2, 2017
Docket Number: S17A1302

Justia Opinion Summary: The parties to this appeal were an unmarried couple. Appellant Adam Vargo purchased the real property in which the parties formerly resided in his own name as sole owner, and executed a purchase money mortgage on it. Sho...

IN THE MATTER OF JAMES EDWARD WATKINS, SR.
Date: October 2, 2017
Docket Number: S17Y1842
McCONNELL et al. v. GEORGIA DEPARTMENT OF LABOR
Date: September 13, 2017
Docket Number: S16G1786
Roscoe v. Georgia  
Date: September 13, 2017
Docket Number: S17A0718

Justia Opinion Summary: Tyshawn Roscoe was convicted by jury of malice murder and various other offenses in connection with the shooting death of John Douglas. On appeal, Roscoe argued, among other things, that the evidence presented at trial w...

Hobbs v. Winfield  
Date: September 13, 2017
Docket Number: S17A0720

Justia Opinion Summary: This case involves the revocation of a will due to after-born children of the testator. The probate court determined the will did not contemplate the birth of future children, and therefore their birth revoked the will....

Scott v. Georgia  
Date: September 13, 2017
Docket Number: S17A0721

Justia Opinion Summary: A jury acquitted Jeremy Scott of malice murder in the shooting death of Dexter Holliday, but found him guilty of felony murder, aggravated assault, possession of a firearm in commission of a felony, and possession of a f...

Bennett v. Etheridge  
Date: September 13, 2017
Docket Number: S17A0762

Justia Opinion Summary: Rhonda Bennett (f/k/a Donley) filed an amended motion for new trial following a habeas court order discharging the payment of restitution and any arrearage for back child support by the purported biological father of Ben...

Houston v. Georgia  
Date: September 13, 2017
Docket Number: S17A0769

Justia Opinion Summary: Appellant Thomas Houston appealed after a trial court denied his motion for an out-of-time appeal of his 2008 convictions by guilty pleas to two murders and numerous other crimes in connection with a series of home invas...

Ross v. Ross  
Date: September 13, 2017
Docket Number: S17A0799

Justia Opinion Summary: The parties were divorced in Connecticut in 2010. At that time, appellant Husband’s child support obligation was $279 per week for the parties’ two minor children. A Connecticut court modified the support order to facili...

Revere v. Georgia  
Date: September 13, 2017
Docket Number: S17A0806

Justia Opinion Summary: Jermaine Revere was convicted by jury of murder and various other offenses in connection with the stabbing death of Angelo Patterson. In his sole enumeration on appeal, Revere argued he received ineffective assistance of...

Dublin v. Georgia  
Date: September 13, 2017
Docket Number: S17A0822

Justia Opinion Summary: Willie Dublin appealed his convictions for felony murder and other crimes stemming from the fatal shooting of Terry Slack during an attempted robbery. He argued he received ineffective assistance of counsel claim based o...

WHITE v. THE STATE
Date: September 13, 2017
Docket Number: S17A0874
O'Connor v. Fulton County  
Date: September 13, 2017
Docket Number: S17A0880

Justia Opinion Summary: Appellant Patrick O’Connor appealed the grant of summary judgment to Appellees Fulton County and its County Manager, Richard Anderson, on his claims for breach of contract, mandamus relief, and attorney fees. O’Connor wa...

Anderson v. Georgia  
Date: September 13, 2017
Docket Number: S17A0894

Justia Opinion Summary: James Anderson was found guilty of felony murder and other crimes arising out of the shooting death of Franklin Burch. Appellant argued the trial court erred in denying his motion for new trial because during voir dire o...

Martinez v. Georgia  
Date: September 13, 2017
Docket Number: S17A0901

Justia Opinion Summary: Appellant Maurilio Martinez appealed his convictions for the rape and murder of Joy Morris. Appellant argued on appeal: (1) the evidence was insufficient to convict him of rape; (2) trial counsel was ineffective when he...

Daniels v. Georgia  
Date: September 13, 2017
Docket Numbers: S17A0931, S17A0932

Justia Opinion Summary: In case number S17A0931, Demetrius Daniels appealed his convictions and sentences for felony murder, violations of the Street Gang Terrorism and Prevention Act, and possession of a firearm during the commission of a felo...

Wilson v. Georgia  
Date: September 13, 2017
Docket Number: S17A0950

Justia Opinion Summary: Appellant Charles Wilson was convicted of murder and related offenses in connection with the 2012 shooting death of Jesse Howard. Wilson appealed, asserting various errors in the adjudication of his motion for new trial,...

Lockamy v. Lockamy  
Date: September 13, 2017
Docket Number: S17A0966

Justia Opinion Summary: Husband Ricky Lockamy and Wife Margie Lockamy were divorced in 2009 pursuant to a final decree that incorporated the parties’ settlement agreement. The settlement agreement provided that Wife would receive 40% of Husband...

Williams v. Heard  
Date: September 13, 2017
Docket Number: S17A1004

Justia Opinion Summary: In an election contest for a seat on the Baker County Board of Education, the Georgia Supreme Court granted the application for interlocutory appeal filed by Brendette Williams, who challenged the trial court’s denial of...

Arnold v. Georgia  
Date: September 13, 2017
Docket Number: S17A1041

Justia Opinion Summary: Joseph Arnold was convicted by jury of the murder of Gerald Osborne and the unlawful possession of a firearm during the commission of a felony. Arnold appealed, contending: (1) the evidence was insufficient to sustain hi...

Miller v. Georgia  
Date: September 13, 2017
Docket Number: S17A1101

Justia Opinion Summary: Michael Miller was tried by jury and convicted of murder and other crimes in connection with the shooting death of Shawnita. Miller appealed, arguing that an error in the poll of the jury required his convictions be set...

Neely v. Georgia  
Date: September 13, 2017
Docket Number: S17A1145

Justia Opinion Summary: Al Neeley was convicted by jury of malice murder and possession of a firearm in the commission of a felony, all relating to the shooting death of Shelton Brooks. His amended motion for a new trial was denied, and he appe...

IN THE MATTER OF ANTHONY SYLVESTER KERR (three cases)
Date: September 13, 2017
Docket Numbers: S17Y1499, S17Y1502, S17Y1623
Henry Cty. Bd. of Education v. S.G.  
Date: August 28, 2017
Docket Number: S16G1700

Justia Opinion Summary: This case involved the expulsion of then-high school student S.G. by the Henry County Board of Education (“Local Board”) as discipline for fighting on school grounds in violation of the student handbook. Specifically, sh...

McCarthy v. Georgia  
Date: August 28, 2017
Docket Number: S17A0693

Justia Opinion Summary: Rodney McCarthy appealed a trial court’s order denying his request for an out-of-time appeal. In 1999, McCarthy, represented by retained counsel, was convicted of malice murder, possession of a firearm during commission...

Stroud v. Georgia  
Date: August 28, 2017
Docket Number: S17A0709

Justia Opinion Summary: Appellant Shamell Stroud was convicted of murder and related offenses in connection with the 2010 stabbing death of Wayne Jackson. Stroud appealed, contending that the evidence was insufficient to support his convictions...

KERCH v. THE STATE
Date: August 28, 2017
Docket Number: S17A0820
Georgia v. Butler  
Date: August 28, 2017
Docket Number: S17A0891

Justia Opinion Summary: The State appealed after DeCarlos Butler was granted habeas relief on grounds that he received ineffective assistance of plea counsel. In 2010, Butler was indicted on one count of aggravated assault arising out of an alt...

Brewer v. Georgia  
Date: August 28, 2017
Docket Number: S17A0895

Justia Opinion Summary: Erwin Brewer was convicted by jury for the murder of Larry Strickland and related crimes. He appealed, contending that the trial court erred by denying a motion for mistrial and that he received ineffective assistance of...

Edwards v. Georgia  
Date: August 28, 2017
Docket Number: S17A0929

Justia Opinion Summary: Ryan Edwards was convicted of malice murder and other crimes in connection with the death of his 13-month old child. Edwards appealed, arguing the trial court: (1) erred in granting the State’s challenge to his use of pe...

Williams v. Georgia  
Date: August 28, 2017
Docket Number: S17A0954

Justia Opinion Summary: Appellant Deron Williams was convicted of malice murder and related offenses in connection with the bludgeoning death of Decarla Lomax. On appeal, Williams argued: (1) the trial court erroneously admitted the record of h...

Hourin v. Georgia  
Date: August 28, 2017
Docket Number: S17A0962

Justia Opinion Summary: Thomas Hourin appealed a trial court’s denial of his pre-trial motions. Hourin, the non-physician owner of a medical clinic, was charged with one count of conspiracy to commit the offense of unauthorized distribution and...

Keener v. Georgia  
Date: August 28, 2017
Docket Number: S17A0974

Justia Opinion Summary: In September 2014, a grand jury indicted David Keener as following three separate physical altercations with three different victims: count one, felony murder predicated on aggravated battery (Randall Huling); count two,...

Tanner v. Georgia  
Date: August 28, 2017
Docket Number: S17A1024

Justia Opinion Summary: Leshan Tanner appealed his convictions for felony murder, conspiracy to commit robbery, and attempt to purchase marijuana all in connection with the fatal shooting of Cedric Huff. He challenged the admission into evidenc...

Richardson-Bethea v. Georgia  
Date: August 28, 2017
Docket Number: S17A1104

Justia Opinion Summary: Cornelius Richardson-Bethea appealed her convictions for malice murder and abuse of a disabled adult arising out of the death of Susan Walter, a woman with an intellectual disability who lived in Appellant’s home. Appell...

Jackson v. Georgia  
Date: August 28, 2017
Docket Number: S17A1128

Justia Opinion Summary: Appellant Rodney Jackson was tried by jury and convicted of murder and two related firearms charges. He appealed, asserting that the evidence was insufficient to sustain his convictions and that he was denied the effecti...

Crump v. Georgia  
Date: August 28, 2017
Docket Number: S17A1146

Justia Opinion Summary: Earl Crump was tried by jury and found guilty of murder and various other offenses in connection with the shooting death of Simon Riley. In his sole enumeration on appeal, Crump contended that he received ineffective ass...

Bennett v. Georgia  
Date: August 28, 2017
Docket Number: S17A1150

Justia Opinion Summary: Appellant Otis Bennett was convicted by jury of malice murder, and multiple counts of felony murder, aggravated assault, cruelty to children in the first degree, and aggravated battery, in the death of his girlfriend’s n...

Jackson v. Georgia  
Date: August 28, 2017
Docket Number: S17A1171

Justia Opinion Summary: Willie Jackson was convicted by jury of the murder of his sister, Willie Mae Jackson. He was also convicted of possessing a knife during the conviction of a felony. On appeal, he argued he contended the trial court erred...

Leslie v. Georgia  
Date: August 28, 2017
Docket Number: S17A1313

Justia Opinion Summary: Appellant Eugene Leslie was tried and convicted of murder and related offenses in connection with the shooting death of Jason Glenn Wade. On appeal, Leslie argued the evidence presented at trial was insufficient to suppo...

Lemcon USA Corp. v. Icon Technology  
Date: August 28, 2017
Docket Number: S17G0141

Justia Opinion Summary: Icon Technology Consulting, Inc. (“Icon”) filed suit seeking to enforce a default judgment it obtained from a Missouri court against Lemcon USA Corp. (“Lemcon”). A Georgia trial court rejected Lemcon’s attempt to set asi...

New v. Georgia  
Date: August 28, 2017
Docket Number: S17G1202

Justia Opinion Summary: Petitioner pled guilty to computer and electronic exploitation charges, for which he received a twenty-year sentence in prison, with eighteen to serve. He applied for habeas relief, challenging the voluntariness of his g...

IN THE MATTER OF GARY LANIER COULTER
Date: August 28, 2017
Docket Number: S17Y1431
IN THE MATTER OF JOHN DENNIS DUNCAN
Date: August 28, 2017
Docket Number: S17Y1532
IN THE MATTER OF EMMANUEL LUCAS WEST
Date: August 28, 2017
Docket Number: S17Y1684
IN THE MATTER OF FINCOURT BRAXTON SHELTON
Date: August 28, 2017
Docket Number: S17Y1780
IN THE MATTER OF LAKEISHA TENNILLE GANTT
Date: August 28, 2017
Docket Number: S17Y1811
IN THE MATTER OF CASSANDRE M. GALETTE
Date: August 28, 2017
Docket Number: S17Y1852
Graham v. Georgia  
Date: August 14, 2017
Docket Number: S17A0702

Justia Opinion Summary: DeSean Graham was tried by jury, and convicted for the murder of Carlos Daniels and the unlawful possession of a firearm during the commission of a felony. Graham appealed, arguing the evidence was insufficient to sustai...

Booth v. Georgia  
Date: August 14, 2017
Docket Number: S17A0705

Justia Opinion Summary: Delroy Booth was convicted of malice murder and other crimes in connection with the 2007 death of Shantle Vason. Booth appealed, arguing the trial court erred by: (1) reading the indictment to a competency jury; (2) allo...

Wilson v. Georgia  
Date: August 14, 2017
Docket Number: S17A0708

Justia Opinion Summary: Dontavious Wilson was convicted by jury for the murder of Jack Camp, possession of marijuana with the intent to distribute, and related crimes. He appealed, arguing the evidence was insufficient to support the verdict an...

Morris v. Georgia  
Date: August 14, 2017
Docket Number: S17A0747

Justia Opinion Summary: Appellant Anthony Morris was tried and convicted of murder and related offenses in connection with the shooting death of Sidon James. He appealed, arguing the evidence was insufficient to support his convictions and that...

Johnson v. Georgia  
Date: August 14, 2017
Docket Number: S17A0768

Justia Opinion Summary: Kevin Johnson was convicted by jury on all eight counts of an indictment filed in connection with the death of two-year-old Melanie Haynes. Johnson contends that the evidence at trial was insufficient to support his murd...

Williams v. Georgia  
Date: August 14, 2017
Docket Number: S17A0783

Justia Opinion Summary: Joseph Williams was convicted of malice murder and other crimes in connection with the 2013 shooting death of Adiren Thompson. Williams appealed, arguing the trial court erred in: (1) denying his motion to shuffle the ju...

Coleman v. Georgia  
Date: August 14, 2017
Docket Numbers: S17A0818, S17A0819

Justia Opinion Summary: Horace Coleman and Quantez Mallory were tried jointly by jury and convicted of malice murder in connection with the beating death of Bobby Tillman. Coleman and Mallory each filed separate appeals, which were consolidated...

Brown v. Georgia  
Date: August 14, 2017
Docket Number: S17A0826

Justia Opinion Summary: Jessica Brown appealed her conviction for malice murder in connection with the fatal shooting of Joshua Gallimore. She challenged the sufficiency of the evidence and the effectiveness of her trial counsel, and argued the...

Payne v. Georgia  
Date: August 14, 2017
Docket Number: S17A0886

Justia Opinion Summary: Appellant Marcus Payne was tried by jury and found guilty of malice murder, felony murder, criminal attempt to commit murder, aggravated assault with a deadly weapon, aggravated assault, aggravated battery, possession of...

Kuhn v. Georgia  
Date: August 14, 2017
Docket Number: S17A0919

Justia Opinion Summary: Appellant Curtis Kuhn was tried and convicted of murder and related offenses in connection with the shooting death of his step-father, Robert Donald “Don” May II. On appeal, Kuhn argued the evidence was insufficient to s...

WALKER-MADDEN v. THE STATE
Date: August 14, 2017
Docket Number: S17A0937
Walker-Madden v. Georgia  
Date: August 14, 2017
Docket Number: S17A0937

Justia Opinion Summary: In the first time the Georgia Supreme Court considered this case, it affirmed in part appellant’s convictions for murder and aggravated assault. The Court vacated in part for the trial court to correct a sentencing error...

Rice v. Georgia  
Date: August 14, 2017
Docket Number: S17A0982

Justia Opinion Summary: Michael Rice pled guilty to felony murder in connection with the shooting death of James Abney, Jr. Rice appealed, claiming the trial court erred when it denied his motion to withdraw his plea. Rice also argued he was de...

Brooks v. Georgia  
Date: August 14, 2017
Docket Number: S17A1065

Justia Opinion Summary: Acting pro se, Marshae Brooks appealed the trial court’s denial of his motion to withdraw his guilty plea to murder and other charges, denial of his motion for an out-of-time appeal of his convictions, and denial of his...

Brewner v. Georgia  
Date: August 14, 2017
Docket Number: S17A1103

Justia Opinion Summary: Appellant Brian Brewner was convicted of murder and numerous other crimes in connection with a 2014 home invasion in which victim Adam Schrier was shot and killed and two other victims were injured. Brewner appealed, arg...

Coleman v. Georgia  
Date: August 14, 2017
Docket Number: S17A1129

Justia Opinion Summary: Jordan Coleman was convicted by jury for the malice murder of Alvin Hall and related crimes. He appealed, arguing among other things, that there was insufficient evidence of venue and that he received ineffective assista...

Lewis v. Georgia  
Date: August 14, 2017
Docket Number: S17A1143

Justia Opinion Summary: Devasko Lewis was found guilty of malice murder and other crimes arising out of the 2014 shooting death of Kerry Glenn following a botched murder-for-hire scheme. Lewis challenged the sufficiency of the evidence to suppo...

Stuckey v. Georgia  
Date: August 14, 2017
Docket Number: S17A1175

Justia Opinion Summary: Appellant Dominique Stuckey was convicted of malice murder and first-degree arson after he killed his grandmother, Velma Stuckey, and set her and her house on fire. In this appeal, he claimed his trial counsel provided i...

Jackson v. Georgia  
Date: August 14, 2017
Docket Number: S17A1266

Justia Opinion Summary: Appellant Valentino Jackson was convicted of felony murder and associated crimes in connection with the shooting death of Willie Bailey. On appeal, Jackson argued the State engaged in prosecutorial misconduct during clos...

Terry v. Georgia  
Date: August 14, 2017
Docket Number: S17A1326

Justia Opinion Summary: Appellant Michael Terry filed a pro se out-of-time appeal of his conviction for multiple charges involving the murder of his wife, Juanita Terry. Terry shot and killed his wife before turning the gun on himself. The poli...

Battle v. Georgia  
Date: August 14, 2017
Docket Numbers: S17A1714, S17A1301

Justia Opinion Summary: Co-defendants Marcus Battle and Jacobey Carter appealed their convictions and sentences for malice murder and felony murder, respectively, and multiple counts of aggravated assault with a deadly weapon, aggravated batter...

Flesch v. Flesch  
Date: August 14, 2017
Docket Number: S17F1231

Justia Opinion Summary: Appellant-husband James Flesch and appellee-wife Debbie Flesch were divorced by decree of divorce following a bench trial. The Georgia Supreme Court granted Husband’s discretionary application to address whether the tria...

Daniel v. Georgia  
Date: August 14, 2017
Docket Number: S17G0107

Justia Opinion Summary: Appellant Desmond Daniel was convicted by jury of burglary after he was caught attempting to enter a house by removing a back door’s hinges. The Court of Appeals affirmed the trial court’s order denying Daniel’s motion f...

IN THE MATTER OF JAMES HUGH POTTS II
Date: August 14, 2017
Docket Number: S17Y0883
IN THE MATTER OF MICHAEL BERNARD KING
Date: August 14, 2017
Docket Number: S17Y1470
IN THE MATTER OF GERALD W. FUDGE
Date: August 14, 2017
Docket Number: S17Y1653
Schumacher v. City of Roswell  
Date: June 30, 2017
Docket Number: S16G1703

Justia Opinion Summary: The Roswell City Council enacted a new Unified Development Code to govern land use issues; the Code included a zoning map. Several Roswell property owners filed a lawsuit to challenge the process by which the City Counci...

IN THE MATTER OF L. NICOLE BRANTLEY
Date: June 30, 2017
Docket Numbers: S16Y1235, S16Y1236, S16Y1237, S16Y1238, S16Y1239
Clayton County v. City of College Park  
Date: June 30, 2017
Docket Number: S17A0076

Justia Opinion Summary: Clayton County appealed the trial court’s order denying its motion for judgment on the pleadings and granting the motion for partial summary judgment filed by the City ofCollege Park. This dispute arose over the taxation...

Mancuso v. TDGA, LLC  
Date: June 30, 2017
Docket Number: S17A0803

Justia Opinion Summary: This appeal stemmed from a trial court order quieting title in favor of TDGA, LLC. Appellant Peter Mancuso argued, inter alia, that he did not receive proper notice from TDGA regarding the foreclosure of his right of red...

Davis v. Georgia  
Date: June 30, 2017
Docket Number: S17A1152

Justia Opinion Summary: In 2013, a grand jury indicted Appellant Brandon Davis for malice murder and felony murder predicated on aggravated assault in connection with the April 2013 stabbing death of Chassity Lester. Pursuant to a negotiated pl...

AMAYO v. AMAYO
Date: June 30, 2017
Docket Number: S17F0991
IN THE MATTER OF RICHARD ALLEN HUNT
Date: June 30, 2017
Docket Number: S17Y1073
IN THE MATTER OF JOHN MICHAEL SPAIN
Date: June 30, 2017
Docket Number: S17Y1287
IN THE MATTER OF DAVID R. SICAY-PERROW
Date: June 30, 2017
Docket Number: S17Y1439
Jones v. Georgia  
Date: June 26, 2017
Docket Number: S16G0890

Justia Opinion Summary: Appellant Michael Jones was tried, convicted and sentenced for driving under the influence. He appealed on the ground that evidence of a prior DUI conviction was wrongfully admitted at trial. At the core of the dispute w...

Gaddy v. Georgia Dept. of Revenue  
Date: June 26, 2017
Docket Numbers: S17A0177, S17X0178.

Justia Opinion Summary: Consolidated appeals arose out of a complaint filed by four Georgia taxpayers in which they challenged the constitutionality of Georgia’s Qualified Education Tax Credit, Ga. L. 2008, p. 1108, as amended (“HB 1133” or the...

Mitchell v. Georgia  
Date: June 26, 2017
Docket Number: S17A0459

Justia Opinion Summary: Appellant Quinton Mitchell appealed the denial of his motion to suppress and his motions in limine. Mitchell was charged with driving under the influence (less safe) and failure to maintain lane. Because the trial court...

Scott v. Georgia  
Date: June 26, 2017
Docket Number: S17A0524

Justia Opinion Summary: Appellant Windy Scott challenged her convictions for malice murder and a gun crime in connection with the shooting death of William Scott. Appellant claimed she was denied the effective assistance of counsel for her tria...

Sutherlin v. Sutherlin  
Date: June 26, 2017
Docket Number: S17F0613

Justia Opinion Summary: In a post-divorce contempt action, the Georgia Supreme Court granted Appellant’s application for discretionary appeal to review the trial court’s order finding Appellant in contempt of three separate provisions of the pa...

Croy v. Whitfield County  
Date: June 19, 2017
Docket Number: S16G1452

Justia Opinion Summary: This case concerned OCGA 36-11-1 and a split of opinions in two controlling case law precedents decided by the Georgia court of Appeals. In In re Estate of Leonard, 783 SEd2 470 (2016), Joe Leonard, Jr. allegedly sustain...

Heatherly v. Georgia  
Date: June 19, 2017
Docket Number: S16G1498

Justia Opinion Summary: The Georgia Supreme Court granted certiorari to the Court of Appeals in this matter to determine whether the Court of Appeals erred in affirming Robert Heatherly’s misdemeanor conviction. Heatherly and Donald Lewis Malon...

Sexual Offender Registration Review Board v. Berzett  
Date: June 19, 2017
Docket Number: S17A0082

Justia Opinion Summary: In 2006, Kenneth Berzett pled guilty to child molestation, and in 2009, the Sexual Offender Registration Review Board classified him as a sexually dangerous predator. Berzett petitioned the superior court for judicial re...

Davis v. Georgia  
Date: June 19, 2017
Docket Number: S17A0176

Justia Opinion Summary: Appellant Hunter Mason Davis was tried before a jury and found guilty of felony murder, armed robbery, aggravated assault, and possession of a firearm during the commission of a felony in the shooting death of Angelo Lar...

Lathrop v. Deal  
Date: June 19, 2017
Docket Number: S17A0196

Justia Opinion Summary: The constitutional doctrine of sovereign immunity forbids Georgia courts to entertain a lawsuit against the State without its consent. This case began in 2012, not long after the adoption of House Bill 954, which concern...

Gomez v. Georgia  
Date: June 19, 2017
Docket Numbers: S17A0265, S17A0266

Justia Opinion Summary: Appellants Margarita Gomez and Alejandro Huitron challenged their convictions for felony murder and other crimes related to injuries to and the resulting death of their three-year-old daughter, Esmerelda. The Georgia Sup...

Waye v. Georgia  
Date: June 19, 2017
Docket Number: S17A0310

Justia Opinion Summary: Appellant Joe Lee Waye appealed the denial of his amended motion for out of-time appeal of his conviction and sentence on his plea of guilty to malice murder. In 1996, Waye entered a negotiated plea under which he pled g...

REGISTER et al. v. GREEN BULL PARTNERS, LLC et al.
Date: June 19, 2017
Docket Number: S17A0324
Green Bull Partners, LLC v. Register  
Date: June 19, 2017
Docket Number: S17A0327

Justia Opinion Summary: Lowell and Janice Register were shareholders of Register Communications, Inc. Green Bull Georgia Partners, LLC threatened to foreclose on property that had been pledged to secure the debts of Register Communications. The...

Bailey v. Georgia  
Date: June 19, 2017
Docket Number: S17A0364

Justia Opinion Summary: A jury found appellant Stephen Bailey guilty but mentally ill on all thirteen counts of an indictment filed in connection with the stabbing deaths of Ursula Peterson and her adult daughter Dominique Martin, who were his...

Walker v. Georgia  
Date: June 19, 2017
Docket Number: S17A0385

Justia Opinion Summary: Appellant Gregory Walker, Jr. was convicted of malice murder and other crimes in connection with the shooting death of Roger Clark. He contended on appeal that the evidence was insufficient to support his convictions; th...

The Stuttering Foundation of America, Inc. v. Glynn County  
Date: June 19, 2017
Docket Numbers: S17A0405, S17A1163

Justia Opinion Summary: The Stuttering Foundation, Inc. (“Foundation”) leased office space in a commercial development in Glynn County owned by Lucas Properties Holdings III, LLC (“Lucas”). In 2015, Lucas filed an application for rezoning of th...

Menefee v. Georgia  
Date: June 19, 2017
Docket Numbers: S17A0542, S17A0543

Justia Opinion Summary: Appellants Travon Menefee and Christian Williams appealed their convictions for malice murder and related crimes stemming from a “drug deal gone bad” which resulted in the death of Antonias Williams (no relation to appel...

Atkinson v. Georgia  
Date: June 19, 2017
Docket Number: S17A0611

Justia Opinion Summary: Jerrick Atkinson was tried by jury and found guilty of malice murder, aggravated assault, attempted armed robbery, possession of a firearm by a convicted felon, and various other offenses in connection with the shooting...

Pope v. Georgia  
Date: June 19, 2017
Docket Number: S17A0615

Justia Opinion Summary: Prisoner Jomeka Pope appealed pro se an order denying his “motion to vacate a void and illegal sentence,” “motion to withdraw Alford (guilty) plea,” and “motion for appointment of counsel.” Pope contended that his senten...

Hardin v. Hardin  
Date: June 19, 2017
Docket Number: S17F0576

Justia Opinion Summary: Wife Tracy Hardin was granted a discretionary appeal of the grant of partial summary judgment to Husband John Hardin in this divorce case. The issue on appeal was whether the trial court erred in concluding as a matter o...

Martin v. Six Flags Over Georgia II, L.P.  
Date: June 5, 2017
Docket Number: S16G0743

Justia Opinion Summary: Joshua Martin sustained life-changing injuries in a brutal attack at a bus stop outside the Six Flags Over Georgia amusement park in 2007. A jury determined that Six Flags was liable for those injuries, along with the fo...

Georgia v. Hayes  
Date: June 5, 2017
Docket Number: S16G1723

Justia Opinion Summary: In February 2010, Marion Hayes was charged with burglary, aggravated assault, possession of tools for commission of a crime, and obstruction of a police officer. The State filed notice of its intention to seek recidivist...

SMITH v. CITY OF VILLA RICA
Date: June 5, 2017
Docket Number: S17A0072
Smith v. Georgia  
Date: June 5, 2017
Docket Number: S17A0139

Justia Opinion Summary: A jury found appellant Dale El Smith guilty of felony murder and two counts of cruelty to a person age 65 or older in connection with the 2014 death of Arthur Pelham. On appeal, Smith argued there was insufficient eviden...

Georgia Motor Trucking Assn. v. Georgia Dept. of Rev.  
Date: June 5, 2017
Docket Number: S17A0430

Justia Opinion Summary: At issue in this case was the meaning of the term “motor fuel taxes” as used in the Georgia Constitution, Article III, Sec. IX, Par. IV(b). A trucking industry association and three individual motor carriers challenged l...

City of Atlanta v. Mays  
Date: June 5, 2017
Docket Number: S17A0629

Justia Opinion Summary: This case involved challenges to the City of Atlanta’s attempted annexation of five areas. Shortly after the Governor approved HB 514 on April 26, 2016, Atlanta received petitions for annexation from five unincorporated...

Gibson v. Gibson  
Date: June 5, 2017
Docket Number: S17F0593

Justia Opinion Summary: The Georgia Supreme Court remanded this matter for redistribution of the marital assets. Alina Gibson (Wife) appealed the trial court’s order granting her requested divorce from Stewart Gibson (Husband). She argued that...

IN THE MATTER OF JEFFREY W. HARRIS
Date: June 5, 2017
Docket Number: S17Y1372
Resurgens, P.C. v. Elliott  
Date: May 30, 2017
Docket Number: S16G1214

Justia Opinion Summary: In 2011, Appellee Sean Elliott filed a medical malpractice lawsuit against Appellants Resurgens and Dr. Tapan Daftari in the State Court of Fulton County. Elliott alleged that Dr. Daftari failed to timely diagnose and tr...

City of Richmond Hill v. Maia  
Date: May 30, 2017
Docket Number: S16G1337

Justia Opinion Summary: Following the suicide death of her 14-year-old daughter, Appellee Laura Lane Maia sued the mayor and city council of the City of Richmond Hill (collectively, “the City”) and Douglas Sahlberg, individually and in his capa...

S16Y1156, S16Y1157. IN THE MATTER OF S. QUNN JOHNSON (six cases)
Date: May 30, 2017
Docket Numbers: S16Y1147, S16Y1153, S16Y1154, S16Y1155
Sponsler v. Sponsler  
Date: May 30, 2017
Docket Number: S17A0001

Justia Opinion Summary: This case made a second appearance before the Georgia Supreme Court. Jeffrey Sponsler (Husband) appealed the trial court’s order finding him in contempt of the final decree effectuating his divorce from April Sponsler (W...

Merchant Law Firm, P.C. v. Emerson  
Date: May 30, 2017
Docket Number: S17A0039

Justia Opinion Summary: In the course of representing criminal defendants in two cases, an attorney at the Merchant Law Firm participated in three hearings before Judge David Emerson in June and October 2015. Each of these proceedings was open...

Clements v. Georgia  
Date: May 30, 2017
Docket Number: S17A0088

Justia Opinion Summary: The Georgia Supreme Court found no reversible after certiorari review of appellant Edward Clements, Jr.’s appeal. Appellant was convicted of the malice murder, felony murder, conspiracy to commit murder, and various othe...

Steplight v. Georgia  
Date: May 30, 2017
Docket Number: S17A0296

Justia Opinion Summary: Samuel Steplight appealed his convictions and sentences for felony murder, possession of a knife during the commission of a crime, and terroristic threats, all in connection with the 2010 death of Norma Jean Mobley. Step...

Johnson v. Georgia  
Date: May 30, 2017
Docket Number: S17A0313

Justia Opinion Summary: The Georgia Supreme Court found no reversible after certiorari review of appellant Benjamin Johnson’s appeal. Appellant was convicted of the 2013 murder of his brother Timothy. The trial court denied Johnson’s amended mo...

Georgia v. Ogunsuyi  
Date: May 30, 2017
Docket Number: S17A0357

Justia Opinion Summary: The Georgia Supreme Court concluded the State failed to provide a meritorious basis for reversal of the superior court’s grant of Olubumi Ogunsuyi’s motion for immunity from prosecution. Ogunsuyi was indicted for malice...

Bryant v. Georgia  
Date: May 30, 2017
Docket Number: S17A0388

Justia Opinion Summary: The Georgia Supreme Court found that appellant Avery Bryant’s trial counsel was ineffective for failing to challenge the sufficiency of the police warrant leading to Bryant’s arrest. The warrant in question did not adequ...

Matthews v. Georgia  
Date: May 30, 2017
Docket Number: S17A0462

Justia Opinion Summary: The Georgia Supreme Court found no reversible after certiorari review of appellant Kemra Matthews’ appeal. Appellant was convicted of the felony murder of Jadien Harvey, and the aggravated assault of Ashton Capers. On ap...

Speziali v. Georgia  
Date: May 30, 2017
Docket Number: S17A0483

Justia Opinion Summary: The Georgia Supreme Court found no reversible after certiorari review of appellant William Speziali’s appeal. Appellant was convicted of the 2011 malice murder of Jimmy Breedlove and related crimes. On appeal, appellant...

Oubre v. Woldemichael  
Date: May 30, 2017
Docket Number: S17A0656

Justia Opinion Summary: Yididya Woldemichael pleaded guilty to armed robbery and other charges for his role in the robbery and beating of a pizza delivery woman. He filed a petition for habeas corpus, which was granted on grounds that his trial...

IN THE MATTER OF NAKATA S. SMITH FITCH
Date: May 17, 2017
Docket Number: S16Y0079
DLT List, LLC v. M7VEN Supportive Housing & Development Group  
Date: May 15, 2017
Docket Number: S16G0646

Justia Opinion Summary: Appellee M7VEN Supportive Housing and Development Group (“M7”) failed to pay taxes on two properties in Carroll County, and, consequently, the Tax Commissioner conducted a tax sale. The properties were purchased by Appel...

Jackson v. Georgia  
Date: May 15, 2017
Docket Number: S16G0888

Justia Opinion Summary: In 2004, appellant Prentiss Jackson entered a negotiated guilty plea to one count of statutory rape, registered with the sexual offender registry, and listed an address in Houston County. He was made aware of the require...

Abramyan v. Georgia  
Date: May 15, 2017
Docket Number: S17A0004

Justia Opinion Summary: During the 2015 General Session, the legislature amended certain statutes governing Certificates of Public Necessity and Convenience (“CPNCs,” also known as taxi medallions) and created new provisions authorizing (and re...

Holmes v. Georgia  
Date: May 15, 2017
Docket Number: S17A0077

Justia Opinion Summary: Appellant Martin Holmes appealed his convictions from a multi-victim crime spree which included the shooting death of Rickey Gibson. Holmes was indicted for armed robbery, aggravated assault, kidnapping, malice murder, f...

Major v. Georgia  
Date: May 15, 2017
Docket Number: S17A0086

Justia Opinion Summary: The Georgia Supreme Court granted this interlocutory appeal to address whether the former version of OCGA 16-11-37(a), Georgia’s Terroristic Threats statute, was unconstitutionally overbroad and vague. Appellant Devon Ma...

Adkins v. Georgia  
Date: May 15, 2017
Docket Number: S17A0111

Justia Opinion Summary: Mark Adkins was convicted by jury for crimes related to the murder of Frederick Early, and the non-fatal shootings of Briona Moor and Pamphylia Baynes. Adkins appealed, arguing the trial court erred by: (1) permitting th...

LYMAN v. THE STATE
Date: May 15, 2017
Docket Number: S17A0209
Lyman v. Georgia  
Date: May 15, 2017
Docket Number: S17A0209

Justia Opinion Summary: Inee Lyman appeals his convictions and sentences for malice murder, possession of a firearm during the commission of a felony, and conspiracy to commit armed robbery, all in connection with the shooting death of Christop...

Veal v. Georgia  
Date: May 15, 2017
Docket Number: S17A0255

Justia Opinion Summary: Anthony Veal challenged his convictions for numerous crimes, including malice murder, committed in the course of an armed robbery. He argued the trial court erred in failing to strike for cause potential and actual juror...

Veal v. Georgia  
Date: May 15, 2017
Docket Number: S17A0255

Justia Opinion Summary: Anthony Veal challenged his convictions for numerous crimes, including malice murder, committed in the course of an armed bank robbery. Veal argued that the trial court erred in failing to strike for cause potential and...

McGee v. Georgia  
Date: May 15, 2017
Docket Number: S17A0460

Justia Opinion Summary: Jeffrey McGee appealed the denial of his motion in arrest of judgment, which McGee filed nearly fifteen years after having pled guilty to malice murder, aggravated battery, and possession of a firearm by a convicted felo...

Ricks v. Georgia  
Date: May 15, 2017
Docket Number: S17A0465

Justia Opinion Summary: Otis Ricks was indicted along with three other men for murder, armed robbery, criminal street gang activity, and related crimes in connection with the 2012 shooting death of Vanessa Thrasher at a lounge in Atlanta. The S...

Wallace v. Wallace  
Date: May 15, 2017
Docket Number: S17A0528

Justia Opinion Summary: In 2011, following an apparent series of family disputes, Dorsey “Doss” Wallace filed a complaint for accounting and damages against his brothers Gary and Phillip Wallace, alleging that they had deprived Doss of his lawf...

Rabon v. Georgia  
Date: May 15, 2017
Docket Number: S17A0644

Justia Opinion Summary: Appellant Travis Rabon was tried and convicted of numerous offenses in connection with the 2008 murder of Keira Avant and the rape of a second victim. Rabon appealed, claiming three instances of trial court error: (1) fo...

Johnson v. Georgia  
Date: May 15, 2017
Docket Number: S17A0673

Justia Opinion Summary: In 2009, Nicholas Johnson was indicted for shooting Tremaine Cobb in a Waffle House parking lot. A jury found Johnson guilty of felony murder and two counts of aggravated assault, and Johnson appealed, arguing there was...

McLEOD v. DUKES et al.
Date: May 15, 2017
Docket Number: S17A0703
Heintz v. Heintz  
Date: May 15, 2017
Docket Number: S17A0759

Justia Opinion Summary: The Georgia Supreme Court issued the following three questions to the parties with respect to their appeal of a child support order: (1) Did the trial court err in applying a deviation from the presumptive amount of chil...

Altman v. Altman  
Date: May 15, 2017
Docket Number: S17F0619

Justia Opinion Summary: The Georgia Supreme Court granted a discretionary appeal in this case to decide whether the trial court, after interviewing the parties’ two children in chambers without the parties or counsel present, erred in relying o...

ALTMAN v. ALTMAN
Date: May 15, 2017
Docket Number: S17F0619
Williams v. Williams  
Date: May 15, 2017
Docket Number: S17F0674

Justia Opinion Summary: The Georgia Supreme Court granted Wife’s application for discretionary appeal in this matter to consider whether the child custody award should be vacated for the failure of the trial court to incorporate a permanent par...

IN THE MATTER OF THOMAS E. STEWART
Date: May 15, 2017
Docket Number: S17Y0422
IN THE MATTER OF MICHAEL ROBERT JOHNSON
Date: May 15, 2017
Docket Number: S17Y0686
IN THE MATTER OF EVERETT G. MECHEM
Date: May 15, 2017
Docket Number: S17Y1190
IN RE JQC FORMAL ADVISORY OPINION NO. 241
Date: May 1, 2017
Docket Number: S15Z1597
Williams v. Georgia  
Date: May 1, 2017
Docket Number: S16G1162

Justia Opinion Summary: “If the trial court has made express findings of fact, but not with sufficient detail to permit meaningful appellate review, an appellate court may remand for further findings.” Michael Williams was indicted for burglary...

Georgia v. Riggs  
Date: May 1, 2017
Docket Number: S16G1166

Justia Opinion Summary: Under OCGA 17-10-6.2 (b), a defendant convicted of a sexual offense must receive a split sentence: one that includes a mandatory minimum term of imprisonment followed by an additional probated sentence of at least one ye...

IN THE MATTER OF DEMONE WYATT LEE
Date: May 1, 2017
Docket Number: S16Y0832
Georgia v. Harris  
Date: May 1, 2017
Docket Number: S17A0117

Justia Opinion Summary: Appellee Quantavious Harris was convicted of felony murder and related offenses in connection with the 2009 shooting death of taxicab driver Stephen Anim. Harris timely filed a motion for new trial claiming, among other...

Smith v. Georgia  
Date: May 1, 2017
Docket Number: S17A0183

Justia Opinion Summary: Robert Smith was found guilty of malice murder, felony murder, and other offenses in connection with the shooting death of his friend, Raymond Brewer, Jr. On appeal, Smith contends that the trial court committed plain er...

Wilson v. Georgia  
Date: May 1, 2017
Docket Number: S17A0254

Justia Opinion Summary: Following the partial denial of his motion for new trial, Nicholas Wilson appealed his convictions and sentences for malice murder and other crimes in connection with the November, 2009 robbery of Cassandra James and her...

Reddick v. Georgia  
Date: May 1, 2017
Docket Number: S17A0283

Justia Opinion Summary: Appellant Damien Reddick was convicted of murder in connection with the shooting death of Cory Johnson. The trial court denied his amended motion for new trial, and he appealed. His sole enumeration of error was that th...

Jones v. Georgia  
Date: May 1, 2017
Docket Number: S17A0301

Justia Opinion Summary: Willie Jones was convicted by jury of felony murder for the death of his four-year-old daughter, Ty’Asia Phillips. He appealed on the sole ground that he was convicted by general verdict on a count of felony murder that...

Benton v. Georgia  
Date: May 1, 2017
Docket Number: S17A0355

Justia Opinion Summary: Freedell Benton was convicted by jury of malice murder, possession of a firearm by a convicted felon, and various other offenses in connection with the shooting death of Drexel Berry. On appeal, Benton contended: (1) the...

Welbon v. Georgia  
Date: May 1, 2017
Docket Number: S17A0359

Justia Opinion Summary: Wayne Welbon appealed his conviction for the murder of Taurean Reeves. Welbon argued on appeal: (1) his trial counsel was ineffective for failing to move to strike for cause a certain prospective juror; and (2) the trial...

Milbourne v. Milbourne  
Date: May 1, 2017
Docket Numbers: S17A0450, S17X0451

Justia Opinion Summary: Daughter Janay Milbourne (“Janay”) filed a caveat asserting that Edison Milbourne’s January 2013 Will was invalid because it had been procured by undue influence by sister and guardian Vashti Milbourne (“Vashti”); becaus...

Long v. City of Helen  
Date: May 1, 2017
Docket Number: S17A0642

Justia Opinion Summary: After the Merle and Lesia Long and their business Water Park Properties, LLC dismissed their most recent lawsuit against the City of Helen with prejudice, the trial court awarded more than $17,000 to the City for attorne...

Laguerre v. Georgia  
Date: May 1, 2017
Docket Number: S17A0646

Justia Opinion Summary: A grand jury indicted Verlaine Laguerre and his co-defendant Prentice Baker for murder and related crimes. Trial was scheduled to take place around the holidays at the end of 2012. During both the week of December 22 and...

Vakharwala v. Vakharwala  
Date: May 1, 2017
Docket Number: S17F0101

Justia Opinion Summary: In response to Wife’s request for an award of attorney fees and costs, the trial court entered an order finding Husband’s conduct had unnecessarily expanded the litigation and awarded Wife fees and expenses. The decree a...

CARR v. THE STATE
Date: April 17, 2017
Docket Number: S17A0561
VOYLES v VOYLES
Date: April 17, 2017
Docket Number: S17A0970
York v. RES-GA LJY, LLC  
Date: April 13, 2017
Docket Number: S16G1245

Justia Opinion Summary: The Community Bank loaned money to several entities (“the Borrowers”) over the course of several years. The Borrowers executed five promissory notes, granting the bank a security interest in real estate located in three...

Kimbrough v. Georgia  
Date: April 13, 2017
Docket Number: S16G1313

Justia Opinion Summary: Heather Kimbrough and Melissa Mayfield were charged by indictment with a violation of the Georgia Racketeer Influenced and Corrupt Organizations (RICO) Act. The indictment alleged that Kimbrough and Mayfield, being assoc...

Blalock v. Cartwright  
Date: April 13, 2017
Docket Number: S17A0065

Justia Opinion Summary: Oscar Blalock sought access to records held by the City of Lovejoy under the Georgia Open Records Act. After failing to receive those records, or any response from the City, Blalock filed a mandamus action seeking to com...

Austin v. Georgia  
Date: April 13, 2017
Docket Number: S17A0284

Justia Opinion Summary: Following a jury trial, Eric Austin was found guilty of malice murder, felony murder, possession of a firearm by a convicted felon, and various other offenses in connection with the shooting death of his girlfriend, Sade...

RICHMOND v. THE STATE
Date: April 13, 2017
Docket Number: S17A0288
Pittman v. Georgia  
Date: April 13, 2017
Docket Number: S17A0290

Justia Opinion Summary: Appellant Jahvon Pittman was tried by jury and convicted of murder and related offenses in connection with the shooting death of Maxwell Fiandt. Pittman appealed, claiming that the trial court erred in denying his motion...

HOWELL et al v. WILLIAMS et al.
Date: April 13, 2017
Docket Number: S17A0309
McCray v. Georgia  
Date: April 13, 2017
Docket Number: S17A0315

Justia Opinion Summary: Appellant Don McCray was convicted of murder and other offenses arising out of the shooting death of Darius Grover. McCray’s sole defense was justification in that he acted in self defense. In his first two enumerations...

Clark v. Georgia  
Date: April 13, 2017
Docket Number: S17A0347

Justia Opinion Summary: Following the denial of his motion for new trial, as amended, Clarence Clark appealed his convictions for malice murder and possession of a firearm during the commission of a felony in connection with the fatal shooting...

Jones v. Georgia  
Date: April 13, 2017
Docket Number: S17A0348

Justia Opinion Summary: Appellant Ladarrius 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 in the direction of Amanda Hill, Alexis J...

Georgia v. Clark  
Date: April 13, 2017
Docket Number: S17A0350

Justia Opinion Summary: The State appealed the trial court’s pre-trial decision to suppress statements made by appellee William Clark during a police station interview. In 2008, appellee called 911 after assaulting and killing his paramour, Deb...

Shaw v. Georgia  
Date: April 13, 2017
Docket Number: S17A0352

Justia Opinion Summary: Appellant Antonio Shaw was convicted of the malice murder of Shomari Grier, criminal attempt to commit the murder of Ashley McCord, aggravated assault of Lashaun Brown, and three counts of possession of a firearm during...

Burrell v. Georgia  
Date: April 13, 2017
Docket Number: S17A0358

Justia Opinion Summary: Appellant Cordado Burrell was tried and convicted of murder and related offenses in connection with crimes he committed against Herman Upshaw and Ruth Griffith. Burrell appealed, claiming: (1) the evidence was insuffici...

DAWKINS-HAIGLER v. ANDERSON et al.
Date: April 13, 2017
Docket Number: S17A0441
LE v. SHERBONDY
Date: April 13, 2017
Docket Number: S17A0558
Carr v. Georgia  
Date: April 13, 2017
Docket Number: S17A0561

Justia Opinion Summary: In 1999,Joe Carr was tried by jury and convicted of the murder of Ernest Golden. Carr’s conviction was affirmed on appeal by the Georgia Supreme Court, but the trial court granted Carr’s extraordinary motion for new tria...

Wynn v. Craven  
Date: April 13, 2017
Docket Number: S17A0580

Justia Opinion Summary: Over a period of fifteen years, mother Helen Wynn undercalculated by more than $72,000 the amount of child support a court had ordered father Robert Craven to pay. When the father sought a change in custody, she then dem...

Merrill v. Lee  
Date: April 13, 2017
Docket Number: S17A0630

Justia Opinion Summary: Wife Michelle Merrill appealed a trial court order denying her motion for attorney fees, which was based on the unsuccessful petition by husband Gary Lee to modify his child support obligation under the parties’ divorce...

Sullivan v. Georgia  
Date: April 13, 2017
Docket Number: S17A0664

Justia Opinion Summary: Appellant Jamarrcus Sullivan was tried and convicted of murder and related offenses in connection with the shooting death of Kevin Daniel and aggravated assault of Kamenika Whatley. Sullivan appealed, claiming that he r...

Voyles v. Voyles  
Date: April 13, 2017
Docket Number: S17A0970

Justia Opinion Summary: Appellant James Voyles (Husband) and appellee Tara Voyles (Wife) were divorced in February 2015. In December 2015, Husband filed a petition in which he sought to hold Wife in contempt of the property distribution provisi...

IN THE MATTER OF RICHARD R. BUCKLEY, JR.
Date: April 13, 2017
Docket Number: S17Y0418
IN THE MATTER OF JEFFREY L. SAKAS
Date: April 13, 2017
Docket Number: S17Y0871
IN THE MATTER OF JOHN BENNETH IWU
Date: April 13, 2017
Docket Number: S17Y0898
IN THE MATTER OF DAVID WESLER FRY
Date: March 30, 2017
Docket Number: S17Y0698
IN THE MATTER OF SAMUEL ELIAS SKELTON
Date: March 30, 2017
Docket Number: S17Y0938
IN THE MATTER OF KEITH BRIAN HARKLEROAD
Date: March 20, 2017
Docket Number: S16Y1645
BAEZ v. FLANDERS, CHIEF JUDGE
Date: March 20, 2017
Docket Number: S17A0099
Ngumezi v. Georgia  
Date: March 20, 2017
Docket Number: S17A0417

Justia Opinion Summary: Following a jury trial, Ezwekwesiri Ngumezi appealed his convictions for murder, armed robbery, and related charges, contending that the evidence was insufficient to support the jury’s finding of guilt for armed robbery...

OASIS GOODTIME EMPORIUM, INC. v. CITY OF DORAVILLE
Date: March 20, 2017
Docket Number: S17A0421
Sapp v. Georgia  
Date: March 20, 2017
Docket Number: S17A0478

Justia Opinion Summary: Appellant Timothy Sapp was tried and convicted of murder and related offenses in connection with the shooting death of Christopher Smith. In his sole enumeration of error, Sapp claimed that the evidence presented at tria...

iHeartMedia, Inc. v. Sheridan  
Date: March 20, 2017
Docket Number: S17Q0345

Justia Opinion Summary: The United States District Court for the Middle District of Georgia certified a question of Georgia law to the Georgia Supreme Court. Arthur and Barbara Sheridan owned several pre-1972 master sound recordings of certain...

IN THE MATTER OF JOHN ANDREW LESLIE
Date: March 20, 2017
Docket Number: S17Y0374
IN THE MATTER OF EMMANUEL LUCAS WEST
Date: March 20, 2017
Docket Number: S17Y0657
IN THE MATTER OF JON GARY BRANAN
Date: March 20, 2017
Docket Number: S17Y0770
IN THE MATTER OF SAMUEL WILLIAMS, JR.
Date: March 20, 2017
Docket Number: S17Y0897
IN THE MATTER OF CHRISTOPHER JOHN PALAZZOLA
Date: March 20, 2017
Docket Number: S17Y1037
Naji v. Georgia  
Date: March 6, 2017
Docket Numbers: S16A1489, S17A0503

Justia Opinion Summary: Appellants, brothers David and Michael Naji, were convicted of murder in connection with the shooting death of Demetrius Hill. The trial court denied their amended motions for new trial, and they appealed. Both brothers...

Parker v. Leeuwenberg  
Date: March 6, 2017
Docket Number: S16A1505

Justia Opinion Summary: Appellants Ken and Rochel Parker and Appellees Andrew and Penny Leeuwenburg were neighbors with a contentious relationship. Appellees first sought to have Appellants secure a good behavior bond in 2011, but the parties r...

Johnson v. Georgia  
Date: March 6, 2017
Docket Number: S16A1514

Justia Opinion Summary: Appellant Corrick Johnson was tried before a jury on charges of malice murder, felony murder (two counts), aggravated assault, and false imprisonment, in the death of Latresh Brown. He appealed, claiming, among other thi...

La Chona, LLC v. Aberra  
Date: March 6, 2017
Docket Number: S16A1527

Justia Opinion Summary: Appellant La Chona, LLC, brought a quiet title action asserting that it was the owner of property located in the City of Decatur, because it had purchased the property at a tax sale and had barred the right of other inte...

Rainwater v. Georgia  
Date: March 6, 2017
Docket Number: S16A1532

Justia Opinion Summary: Appellant Kevaughn Rainwater was acquitted of malice murder, but found guilty of felony murder, aggravated assault, and possession of a firearm during the commission of a felony, in the 2012 shooting death of Antavious M...

Bello v. Georgia  
Date: March 6, 2017
Docket Number: S16A1602

Justia Opinion Summary: In 2013, a grand jury indicted Yonatan Bello for sexual exploitation of children, alleging that he unlawfully possessed video recordings that depict children engaged in sexually explicit conduct. Pursuant to OCGA 17-16-4...

Riley v. Southern LNG, Inc.  
Date: March 6, 2017
Docket Number: S16A1659

Justia Opinion Summary: This was the third appeal of this case arising from the efforts of appellee Southern LNG, Inc. (“Southern”) to compel State Revenue Commissioner Lynnette Riley (“the Commissioner”) to recognize Southern as a “public util...

Bolling v. Georgia  
Date: March 6, 2017
Docket Number: S16A1674

Justia Opinion Summary: Eric Bolling was convicted by jury of the murder of Parviz Moledina, as well as burglary in the first degree and possession of a knife during the commission of a felony. Bolling appealed, arguing that:(1) the evidence wa...

Markle v. Dass  
Date: March 6, 2017
Docket Number: S16A1750

Justia Opinion Summary: Donald Markle appealed the grant of a writ of habeas corpus in this child custody case. While residing in Georgia in 2010, Katrina Dass gave birth to the minor child at the center of this controversy; Dass and Markle, th...

Green v. Georgia  
Date: March 6, 2017
Docket Number: S16A1842

Justia Opinion Summary: Appellant Willie Green was indicted and tried for malice murder and related crimes in connection with the November 2004 stabbing death of Marita Bradshaw. At trial, Green asserted an insanity defense, which the jury reje...

Dinkins v. Georgia  
Date: March 6, 2017
Docket Number: S16A1850

Justia Opinion Summary: Appellant Trey Dinkins appealed his convictions for malice murder and other crimes related to the 2011 shooting death of DaJohn Milton. Appellant testified at trial. He denied shooting the victim, claiming he was at his...

City of Cumming v. Flowers  
Date: March 6, 2017
Docket Numbers: S16A1884, S16A1885

Justia Opinion Summary: This case centered on the procedure by which a local zoning board’s quasi-judicial decision on a variance request could be appealed to the superior court. Kerley Family Homes, LLC was granted a variance by the City of Cu...

TMX Financial Holdings, Inc. v. Drummond Financial Services, LLC  
Date: March 6, 2017
Docket Number: S16A1895

Justia Opinion Summary: Drummond Financial Services, LLC and TMX Finance Holdings, Inc. were competitors in the automobile title loan business. Both companies were based in Georgia, with TMX doing business as “TitleMax.” In 2014, Drummond and s...

Steagald v. Eason  
Date: March 6, 2017
Docket Number: S16G0293

Justia Opinion Summary: Gary and Lori Steagald sued David, Cheryl, and Joshua Eason, alleging that the Easons failed to keep Joshua’s dog properly restrained, and asserting that the Easons, therefore, were liable for injuries that Lori sustaine...

Coon v. The Medical Center, Inc.  
Date: March 6, 2017
Docket Number: S16G0695

Justia Opinion Summary: Amanda Rae Coon lived in Alabama but received treatment from a hospital owned by The Medical Center, Inc. in Georgia. After the hospital mishandled the remains of her stillborn baby, Coon filed this lawsuit. Among other...

United Health Services of Georgia, Inc. v. Norton  
Date: March 6, 2017
Docket Number: S16G1143

Justia Opinion Summary: Bernard Norton, by and through Kim Norton, brought a wrongful death action against a number of defendants who were affiliated with a nursing home in which his wife, Lola Norton, died. Bernard claimed that negligent treat...

In the Interest of J.F.  
Date: March 6, 2017
Docket Number: S16Q1826

Justia Opinion Summary: The Court of Appeals, in a divided full-court (15-judge) decision, certified to the Georgia Supreme Court a single question of statutory construction: whether OCGA 15-11-521 (b) required dismissal with prejudice when the...

Grange Mutual Casualty Co. v. Woodard  
Date: March 6, 2017
Docket Number: S16Q1875

Justia Opinion Summary: The Eleventh Circuit Court of Appeals certified a question of Georgia law to the Georgia Supreme Court stemming from an appeal in a personal injury case arising from an automobile accident. The Eleventh Circuit asked for...

WEST v. CITY OF ALBANY et al.
Date: March 6, 2017
Docket Number: S16Q1881
West v. City of Albany  
Date: March 6, 2017
Docket Number: S16Q1881

Justia Opinion Summary: Searless West was a former employee of the City of Albany who filed a complaint in federal court against the City and two individuals setting forth, among other things, a claim under the Georgia Whistleblower Act (“GWA”)...

Hornbuckle v. Georgia  
Date: February 27, 2017
Docket Number: S16A1439

Justia Opinion Summary: Appellant Carol Hornbuckle was convicted of murder in connection with a domestic dispute that ended in the stabbing death of Charles Raburn. The trial court denied Hornbuckle’s amended motion for new trial, and she appea...

McKinney v. Georgia  
Date: February 27, 2017
Docket Number: S16A1509

Justia Opinion Summary: Appellant Roy McKinney was convicted of the malice murder of his wife, Shaquilla Weatherspoon, and cruelty to children in the third degree for beating Weatherspoon in the presence of their six-year-old daughter. His only...

Eversole v. Eversole  
Date: February 27, 2017
Docket Number: S16A1517

Justia Opinion Summary: In January 2015, Janice Eversole filed a divorce action against Jay Eversole seeking, among other things, an award of alimony, child custody, and child support. Wife alleged Husband had left the marital home in Georgia l...

Gomez v. Georgia  
Date: February 27, 2017
Docket Number: S16A1529

Justia Opinion Summary: This appeal stemmed from the denial of a motion to withdraw a guilty plea. Appellant Gilberto Gomez shot and killed 13-year-old Steven Galindo during an armed robbery of Galindo and Galindo’s sister, Samaria Diaz. Gomez...

Harrington v. Georgia  
Date: February 27, 2017
Docket Number: S16A1545

Justia Opinion Summary: Appellant Brandon Harrington was convicted of the malice murder and armed robbery of Mamie Wright and related crimes. On appeal, he argued the trial court erred in admitting his custodial interviews and that the evidence...

Smiley v. Georgia  
Date: February 27, 2017
Docket Number: S16A1597

Justia Opinion Summary: Marcus Smiley appealed his convictions and sentences for malice murder, aggravated battery, and first degree cruelty to children, all in connection with the death of three-month-old Mia Williams and injuries to seven-mon...

Stanley v. Georgia  
Date: February 27, 2017
Docket Number: S16A1636

Justia Opinion Summary: Appellant Derrick Stanley appealed his convictions for malice murder and other crimes related to the stabbing death of Doris Murray. Appellant and Murray were formerly in a romantic relationship. At the time of Murray’s...

Wise v. Georgia  
Date: February 27, 2017
Docket Number: S16A1661

Justia Opinion Summary: Following a jury trial regarding ninety separate counts of criminal activity, Tamario Wise appealed his convictions for murder and armed robbery, contending that the trial court made certain evidentiary errors and that t...

Harvey v. Georgia  
Date: February 27, 2017
Docket Number: S16A1667

Justia Opinion Summary: Appellant Kajul Harvey was convicted of malice murder, burglary and other crimes in connection with the death of her mother, Alena Marble. She appealed, arguing, amongst other things, the evidence of guilt was insufficie...

Southern States-Bartow County, Inc. v. Riverwood Farm  
Date: February 27, 2017
Docket Number: S16A1716

Justia Opinion Summary: In 1991, the Georgia Supreme Court declared Bartow County’s zoning ordinance to be invalid. Two years later, Bartow County enacted a new zoning ordinance that, among other things, included a provision addressing vested r...

Cain v. Georgia  
Date: February 27, 2017
Docket Number: S16A1725

Justia Opinion Summary: Following the denial of his motion for new trial, as amended, Timothy Cain appealed his convictions and sentences for felony murder while in the commission of an aggravated assault, and possession of a firearm during the...

Jones v. Georgia  
Date: February 27, 2017
Docket Number: S16A1742

Justia Opinion Summary: In 2010, Daryl Jones was tried by jury on charges of malice murder, felony murder, and cruelty to children in the first degree in the death of his girlfriend’s 17-month-old daughter. The jury acquitted Jones of malice mu...

Georgia v. Troutman  
Date: February 27, 2017
Docket Number: S16A1858

Justia Opinion Summary: During the course of investigating the murder of Earl Clemons, investigators learned through a witness and cellular telephone records that appellant Andrew Troutman may have met with Clemons on the day of the murder. In...

Graham v. Georgia  
Date: February 27, 2017
Docket Number: S16A1882

Justia Opinion Summary: Pursuant to a negotiated plea agreement, appellant Kiera Graham pled guilty to felony murder, armed robbery, and arson in the first degree. Less than a month after she was sentenced for her crimes, appellant filed a moti...

Denney v. Denney  
Date: February 27, 2017
Docket Number: S16F1670

Justia Opinion Summary: This appeal arose from a trial court order determining that Father-appellant George Denney was the legal and biological father of minor child M. S. G., and ordering the state registrar to issue a new birth certificate fo...

Chandler Telecom, LLC v. Burdette  
Date: February 27, 2017
Docket Number: S16G0595

Justia Opinion Summary: Adrian Burdette was seriously injured when he fell while attempting a controlled descent from a cell-phone tower in contravention of instructions by his employer, Chandler Telecom, LLC (“Chandler”), that technicians must...

Goldstein, Garber & Salama, LLC v. J.B.  
Date: February 27, 2017
Docket Number: S16G0744

Justia Opinion Summary: Plaintiff-appellee J.B. was injured when certified registered nurse anesthetist (“CRNA”) Paul Serdula sexually assaulted her in a surgical suite in the dental practice of defendant-appellant Goldstein, Garber & Salama, L...

Goldstein, Garber & Salama, LLC v. J.B.  
Date: February 27, 2017
Docket Number: S16G0744

Justia Opinion Summary: Plaintiff-appellee J.B. was injured when certified registered nurse anesthetist (“CRNA”) Paul Serdula sexually assaulted her in a surgical suite in the dental practice of defendant-appellant Goldstein, Garber and Salama,...

Roberson v. Georgia  
Date: February 27, 2017
Docket Number: S16G0931

Justia Opinion Summary: Appellant Nick Roberson was convicted of family-violence simple battery after a trial in which she was represented by a public defender. Wishing to appeal her conviction, Roberson filed a motion seeking a transcript with...

IN THE MATTER OF LAWRENCE EDWARD MADISON
Date: February 27, 2017
Docket Number: S16Y1679
Rasheed v. Sarwat  
Date: February 27, 2017
Docket Number: S17F0168

Justia Opinion Summary: Husband Imran Rasheed appealed the trial court’s grant of a motion to enforce a settlement agreement filed by wife Maryam Sarwat and its incorporation into a final decree of divorce. Husband contended that no settlement...

IN THE MATTER OF JOHN MICHAEL SPAIN
Date: February 27, 2017
Docket Number: S17Y0010
IN THE MATTER OF TED H. REED
Date: February 27, 2017
Docket Number: S17Y0420
IN THE MATTER OF DAVID J. FARNHAM
Date: February 27, 2017
Docket Number: S17Y0531
IN THE MATTER OF SHANNON BRILEY-HOLMES
Date: February 27, 2017
Docket Number: S17Y0668
IN THE MATTER OF GARY LANIER COULTER
Date: February 27, 2017
Docket Number: S17Y0814
IN THE MATTER OF MORRIS P. FAIR, JR. (two cases)
Date: February 27, 2017
Docket Numbers: S17Y0815, S17Y0816
IN THE MATTER OF JOSEPH BYRON ERVIN
Date: February 27, 2017
Docket Number: S17Z0882
Rollins v. Rollins  
Date: February 6, 2017
Docket Number: S16A1449

Justia Opinion Summary: Glen and Danielle Rollins divorced in December 2013, and they agreed at that time to submit to binding arbitration of their respective claims to certain furniture and furnishings in the marital home. The arbitrator rende...

Berrien v. Georgia  
Date: February 6, 2017
Docket Number: S16A1474

Justia Opinion Summary: Appellant Michael Berrien challenged the trial court’s order denying his motion to withdraw his guilty plea to felony murder in connection with the shooting death of Marcus Collins. Finding no reversible error in the tri...

Gibson v. Georgia  
Date: February 6, 2017
Docket Number: S16A1507

Justia Opinion Summary: Quinnard Gibson was tried by jury and convicted of murder in connection with the 2011 fatal beating of Shannon Stanley. Gibson appealed, contending: (1) that the evidence was legally insufficient to sustain his convictio...

Allen v. Georgia  
Date: February 6, 2017
Docket Number: S16A1528

Justia Opinion Summary: Appellant Superiore Allen was indicted and tried along with Brandon Norwood and Santonio Lucas, and was convicted of malice murder and other crimes arising from the 2009 shooting deaths of Vandit Patel and Jimmy Prak. Ap...

Plez v. Georgia  
Date: February 6, 2017
Docket Number: S16A1537

Justia Opinion Summary: Chinua Plez was tried by jury and convicted of murder and other crimes in connection with the 2011 fatal stabbing of Gary Bussey. Plez appeals, contending: (1) the evidence was insufficient to sustain his convictions; (2...

Wyatt v. Georgia  
Date: February 6, 2017
Docket Number: S16A1581

Justia Opinion Summary: Appellant John Wyatt was tried and convicted of murder in connection with the death of 2-year-old Andrea Marginean. Wyatt appealed, claiming that the evidence was insufficient to sustain his conviction and that the trial...

Turner v. Georgia  
Date: February 6, 2017
Docket Number: S16A1583

Justia Opinion Summary: Earlin Turner was tried by jury and found guilty of malice murder, felony murder, aggravated assault, and various other offenses in connection with the shooting death of Damodar Pathak. On appeal, Turner contended only t...

Kimbrough v. Georgia  
Date: February 6, 2017
Docket Number: S16A1610

Justia Opinion Summary: Benny Kimbrough appealed a trial court’s order denying his 2015 motion to vacate as void his sentence of life in prison without the possibility of parole, which was imposed under OCGA 17-10-7 (b) for a murder he committe...

Huff v. Georgia  
Date: February 6, 2017
Docket Number: S16A1619

Justia Opinion Summary: Appellant Shaheed Huff was convicted of malice murder, aggravated assault, and possession of a firearm during the commission of a felony in connection with the 2012 shooting death of Graham Sisk. The trial court denied H...

Mosley v. Georgia  
Date: February 6, 2017
Docket Number: S16A1657

Justia Opinion Summary: Following the denial of his motion for new trial, as amended, Sean Mosley appeals his convictions and sentences for malice murder and possession of a knife during the commission of a crime in connection with the 2011 fat...

Henderson v. Georgia  
Date: February 6, 2017
Docket Number: S16A1658

Justia Opinion Summary: Appellant Sylvester Henderson was indicted, along with a co-defendant, for malice murder, felony murder, and other charges relating to the death of Derrick Brown. In 2011, appellant entered a guilty plea for felony murde...

McCoy v. Bovee  
Date: February 6, 2017
Docket Number: S16A1660

Justia Opinion Summary: In January 2016, the Superior Court of Chatham County granted a petition for an interlocutory injunction, pursuant to which it removed Leonard McCoy as President of the Board of Directors of the Willow Lakes Plantation H...

Albritton v. Kopp  
Date: February 6, 2017
Docket Number: S16A1665

Justia Opinion Summary: The parties, Peggy Albritton and Mark Kopp divorced in 2011. The final divorce decree incorporated a settlement agreement and child support addendum wherein Husband agreed to pay child support while the daughter was a fu...

Smith v. Georgia  
Date: February 6, 2017
Docket Number: S16A1766

Justia Opinion Summary: Appellant Roderick Smith was convicted of malice murder and other offenses arising out of the shooting death of his girlfriend, Sherita Dunham. Smith appealed his conviction and sentence and the order denying his motion...

Smith v. Georgia  
Date: February 6, 2017
Docket Number: S16A1781

Justia Opinion Summary: Appellant Christopher Smith was tried and convicted of murder and related offenses in connection with the 2013 shooting death of Kevin Daniel and aggravated assault of Kamenika Whatley. Smith appealed, claiming three ins...

Jones v. Georgia  
Date: February 6, 2017
Docket Numbers: S16A1790, S16A1791

Justia Opinion Summary: Jami and Louis Jones, were tried together by jury and convicted of the murder of their six-year-old son, Colin (among other crimes). They appealed, both contending that they were denied the effective assistance of counse...

Barnett v. Georgia  
Date: February 6, 2017
Docket Number: S16A1892

Justia Opinion Summary: Appellant Steven Barnett was convicted of malice murder in the stabbing death of George “Bubba” Bennett. The trial court denied Barnett’s amended motion for new trial, and he appealed. Barnett argued to the Supreme Court...

PHILMORE v. THE STATE
Date: February 6, 2017
Docket Number: S17A0723
Morrison v. Georgia  
Date: January 23, 2017
Docket Number: S16A1426

Justia Opinion Summary: Kyro Morrison was tried by jury and convicted of the murder of Vonyell Byrd, as well as unlawful possession of a firearm during the commission of a felony. Morrison appealed, contending that the evidence was legally insu...

Kilgore v. Georgia  
Date: January 23, 2017
Docket Number: S16A1430

Justia Opinion Summary: Jonathan Kilgore appealed the denial of his motion for new trial (as amended), and his convictions and sentences for felony murder while in the commission of aggravated assault, aggravated assault, and two counts of poss...

Thomas v. Georgia  
Date: January 23, 2017
Docket Numbers: S16A1520, S16A1521

Justia Opinion Summary: Appellants Julius Thomas and Desmond Nixon were tried jointly and convicted of murder and related offenses in connection with a crime spree that took place over three days in January 2013. Both appellants appealed, argui...

Upshaw v. Georgia  
Date: January 23, 2017
Docket Number: S16A1524

Justia Opinion Summary: Jerome Upshaw was tried by jury and convicted of murder and unlawful possession of a firearm during the commission of a felony in connection with the 1996 fatal shooting of Joanne Walton. Upshaw appealed, contending that...

Brown v. Georgia  
Date: January 23, 2017
Docket Number: S16A1530

Justia Opinion Summary: Ramel Brown was convicted by jury for murder and related crimes. Brown was found guilty for gang activity too. The trial court granted Brown’s motion for new trial solely on that count, finding that evidence used to prov...

Mosby v. Georgia  
Date: January 23, 2017
Docket Number: S16A1580

Justia Opinion Summary: Appellant Leslie Mosby was convicted of murder and other offenses arising out of the 2012 shooting death of Theisen Wynn. Mosby appealed: (1) challenging that the evidence did not prove the affirmative defense of self-de...

Dennis v. Georgia  
Date: January 23, 2017
Docket Number: S16A1600

Justia Opinion Summary: In 1998, a 17-year-old Robert Dennis pled guilty to several charges, including malice murder, in connection with the 1997 shooting death of Louise Carter. Dennis was sentenced, in relevant part to this appeal, to life in...

Johnson v. Georgia  
Date: January 23, 2017
Docket Number: S16A1649

Justia Opinion Summary: Appellant Gregory Johnson was convicted of felony murder in connection with the shooting death of Hugh Ethridge. Johnson appealed, claiming, among other things, that the evidence presented at trial was insufficient to su...

ADAMS
Date: January 23, 2017
Docket Number: S16A1655
Brown v. Brown  
Date: January 23, 2017
Docket Number: S16A1677

Justia Opinion Summary: Wife appealed an adverse judgment in an action for contempt. The record shows Wife and Husband were divorced on June 20, 2011. Neither party was represented by counsel during the divorce. The final divorce decree was a p...

Southall v. Georgia  
Date: January 23, 2017
Docket Number: S16A1721

Justia Opinion Summary: Amos Southall was tried by jury and convicted of murder and another crime in connection with the killing of Michelle Hainley. Southall appealed, contending that he was denied due process when the prosecution failed to di...

English v. Georgia  
Date: January 23, 2017
Docket Number: S16A1754

Justia Opinion Summary: James English appeals his convictions after a jury convicted him for the malice murder of Ricky Payne and first degree arson. English argued the trial court committed plain error by not providing a jury charge regarding...

Lyman v. CellChem International, Inc.  
Date: January 23, 2017
Docket Number: S16G0662

Justia Opinion Summary: After Dale Lyman and his wife, Helen, left Cellchem International, Inc. to work for a competitor, Cellchem sued the Lymans and two companies with which they had affiliated (collectively the “Lymans”), asserting claims fo...

IN THE MATTER OF SHANINA NASHAE LANK
Date: January 23, 2017
Docket Numbers: S16Y0723, S16Y0724, S16Y0725
IN THE MATTER OF TRENT CARL GAINES
Date: January 23, 2017
Docket Number: S17Y0375
IN THE MATTER OF JOANNA TEMPLE
Date: January 23, 2017
Docket Number: S17Y0496
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