Justia Georgia Supreme Court Opinion Summaries

Kimberly Westbrook was indicted for malice murder, two counts of felony murder, armed robbery, and aggravated assault after the stabbing death of Eric Eloi in a Chatham County hotel room in April 2021. The evidence presented at trial showed that Eloi had been stabbed 14 times, and Westbrook was found in possession of some of his personal belongings. Surveillance footage and bank records linked her to Eloi’s property and financial accounts after his death. Westbrook admitted to law enforcement that she killed Eloi and took his belongings, citing prior abuse and her belief that Eloi was about to rape her. She testified about a history of sexual and physical abuse by Eloi and presented expert testimony regarding trauma and battered person syndrome.A Chatham County jury acquitted Westbrook of felony murder predicated on armed robbery but convicted her of malice murder, armed robbery, and aggravated assault in October 2023. She was sentenced to life imprisonment for malice murder and a concurrent life sentence for armed robbery, with the aggravated assault count merging into the murder conviction. Westbrook moved for a new trial, challenging the trial court’s jury instructions on justification, specifically arguing that the court erred by not instructing the jury on justification for preventing aggravated assault with intent to rape or aggravated battery. The trial court denied her motion for a new trial.On appeal, the Supreme Court of Georgia reviewed Westbrook’s sole claim regarding the jury instructions. The Court assumed, without deciding, that the trial court erred by failing to give the requested instructions but found any error harmless. The Court concluded it was highly probable that the omission did not contribute to the verdict, given the weakness of the evidence supporting additional justification theories. Accordingly, the Supreme Court of Georgia affirmed the judgment of conviction. View "WESTBROOK v. THE STATE" on Justia Law

The case arose from a fatal stabbing that occurred during a confrontation between two women, both of whom had been romantically involved with the same man. In the months preceding the incident, the defendant initiated interactions with the victim and her family, and at a party hosted by the mutual romantic partner, witnesses observed the defendant acting aggressively and making threats while in possession of a large kitchen knife. During an altercation at the party, the victim retrieved a pistol from her car and fired a shot into the air. The defendant then stabbed the victim in the chest with the knife, resulting in her death. The defendant asserted self-defense, claiming the victim was the initial aggressor.The Superior Court of Bibb County conducted a jury trial at which the defendant was acquitted of malice murder but convicted of felony murder predicated on aggravated assault. The defendant was sentenced to life imprisonment. Following the conviction, new counsel filed a motion for new trial, later amended, which the trial court denied. The defendant subsequently appealed.The Supreme Court of Georgia reviewed the case and affirmed the conviction and judgment. The court held that, viewing the evidence in the light most favorable to the verdict, a rational jury could have found the defendant guilty beyond a reasonable doubt and could have rejected her claim of self-defense. The court found no error in the trial court’s denial of a directed verdict of acquittal, nor did it find that trial counsel’s advice to the defendant not to testify was constitutionally deficient. The court also determined that any alleged error in admitting certain testimony was harmless, and that the challenged expert testimony did not violate statutory disclosure requirements. The judgment was affirmed. View "DIXON v. THE STATE" on Justia Law

On February 21, 2023, two employees of Rogers Mechanical, Richard Antoine and Wyman Lott, were involved in a violent incident in Fulton County while driving their company van, which was equipped with cameras. After a traffic altercation, a Dodge Charger driven by McKinley Johnson, with Antonio Spear as passenger, confronted the van. Johnson and Spear exited their vehicle; Johnson assaulted Antoine while Spear, armed with a firearm, threatened both Antoine and Lott. As the confrontation escalated, Spear struck Antoine with the gun and subsequently shot Antoine in the neck, leading to Antoine’s death. Johnson and Spear fled the scene, and no one in the Charger called 911. Evidence included video footage from the van and witness testimony.Following indictment by a Fulton County grand jury, Johnson was tried separately from his co-defendant. At trial in January 2024, a jury found Johnson guilty of malice murder, aggravated assault, battery, and possession of a firearm during commission of a felony. The Fulton County Superior Court sentenced Johnson to life with possibility of parole and additional concurrent sentences. Johnson’s motion for new trial was denied in June 2025, after which he filed a timely appeal.Reviewing the case, the Supreme Court of Georgia considered Johnson’s claims regarding sufficiency of the evidence, alleged improper statements by the State during opening and closing arguments, and the trial court’s denial of a motion for mistrial. The Court held that the evidence was sufficient for the jury to convict Johnson, and that the prosecutor’s arguments fell within permissible bounds, as supported by the evidence and witness testimony. The Court also found no abuse of discretion by the trial court regarding curative instructions or the denial of a mistrial. The Supreme Court of Georgia affirmed Johnson’s convictions and sentence. View "JOHNSON v. THE STATE" on Justia Law

In this case, the defendant lived in an apartment with her son, another woman (Hughes), and the victim, Justice Jackson. The arrangement began when Hughes and Jackson, who had been homeless, were allowed to stay for a fee. On the night of the incident, after returning home late with others, the defendant accused someone of stealing from her. An argument ensued, culminating in the defendant ordering everyone out. As Hughes and Jackson were leaving, Hughes saw the defendant with a gun. After Hughes re-entered the apartment to look for her phone, a series of gunshots occurred outside. A witness, O’Cain, testified that he saw the defendant shoot Jackson. Physical evidence at the scene included firearms and shell casings, with expert testimony indicating that the bullet that killed Jackson could have come from a type of gun the defendant owned.A DeKalb County grand jury indicted the defendant on charges including malice murder and possession of a firearm during the commission of a felony. At trial in March 2022, the jury found her guilty on all counts. The Superior Court of DeKalb County sentenced her to life plus five years. The court vacated the felony murder count by operation of law and merged the aggravated assault count. The defendant filed a motion and an amended motion for a new trial, both of which were denied. She appealed to the Court of Appeals of Georgia, which transferred the case to the Supreme Court of Georgia.The Supreme Court of Georgia affirmed the conviction. It held that OCGA § 24-14-6, which requires circumstantial evidence to exclude every other reasonable hypothesis, did not apply because the State presented direct evidence of guilt. The Court also found that the defendant abandoned her claim regarding juror misconduct by failing to support it with argument or authority on appeal. View "MONTGOMERY v. THE STATE" on Justia Law

Deonte Norwood was convicted of malice murder and five counts of first-degree child cruelty following the stabbing death of Crystal Powell. The incident occurred on April 16, 2022, at Powell’s home, where five children were present: Powell’s three children and her cousin’s two sons. The evidence at trial included eyewitness accounts from the children, forensic interviews, text messages between Norwood and Powell about child support and visitation, and Norwood’s own videotaped confession to police. The children described witnessing the stabbing, hiding in fear, and experiencing significant emotional distress from seeing Powell’s body and the aftermath. Norwood later recanted his confession at trial and claimed Powell stabbed herself, but the medical examiner found no evidence of self-inflicted wounds.After a jury trial in the Superior Court of Walton County, Norwood was found guilty of all charges. The trial court sentenced him to life without parole for malice murder and consecutive twenty-year sentences for each child cruelty conviction. The felony murder counts were vacated, and the family violence assault and battery convictions were merged with malice murder. Norwood moved for a new trial, arguing insufficient evidence for child cruelty and that the trial court failed to properly weigh the evidence under OCGA §§ 5-5-20 and 5-5-21. The trial court denied the motion, and Norwood appealed.The Supreme Court of Georgia reviewed the case. It held that, viewing the evidence in the light most favorable to the verdict, a rational trier of fact could find Norwood guilty of first-degree child cruelty for causing the children excessive mental pain through his malicious act. The Court further found no error in the trial court’s consideration of the general grounds for a new trial, presuming proper exercise of discretion. The judgment was affirmed. View "NORWOOD v. THE STATE" on Justia Law

Venticinque and Lair, long-term romantic partners living in Savannah, decided to start a family together in 2018. They selected a sperm donor resembling Lair, with Venticinque to be the biological mother. Lair contributed to fertility treatment costs, participated in events marking the pregnancy, and was involved in the child’s birth and early care. Both women were publicly identified as parents of the child, L.V., in birth announcements and social media posts. However, after L.V.’s birth in July 2021, Venticinque’s behavior changed, and in November 2022, she left Savannah with L.V., ceased contact between Lair and the child, and alleged abuse by Lair.Following this, Lair filed a petition in the Superior Court seeking equitable caregiver status under OCGA § 19-7-3.1. Venticinque opposed the petition and challenged the statute’s constitutionality. The trial court denied Venticinque’s motion to dismiss and held that the statute was constitutional, relying on precedent from Clark v. Wade, 273 Ga. 587 (2001). The trial court found that Lair met the statutory requirements for equitable caregiver status and awarded her joint legal custody, visitation, and ultimately primary physical custody of L.V. after a subsequent bench trial. Venticinque appealed the final order, and the Court of Appeals transferred the case to the Supreme Court of Georgia due to the constitutional questions involved.The Supreme Court of Georgia determined that the trial court had applied the wrong legal standard under OCGA § 19-7-3.1 by placing the burden of proving harm to the child on Venticinque, rather than on Lair, the petitioner. The Supreme Court vacated both the equitable caregiver and custody orders and remanded the case for the trial court to apply the correct statutory standard. The constitutional issues were not addressed, as resolution of the statutory issue was dispositive. View "VENTICINQUE v. LAIR" on Justia Law

On December 8–9, 2018, a confrontation occurred outside a nightclub involving Jalon Dante Edwards, Colton Sims, Monte Glover, Jr., and others. During the scuffle, Edwards displayed a gun, and shots were fired by multiple individuals, including Edwards and Glover. The victim, DeCoby Barlow, was struck and killed by a bullet determined through ballistics evidence to have been fired from Edwards’s Glock handgun. Surveillance footage and witness testimony corroborated Edwards’s involvement in the shooting. Security guards also reported gunfire from several directions, and the incident resulted in charges against Edwards and his co-defendants.The Henry County Superior Court indicted Edwards and his co-defendants on charges including malice murder, felony murder, aggravated assault, and firearm possession. After a joint jury trial, Edwards was convicted on all counts. He was sentenced to life for malice murder, with additional concurrent and consecutive sentences for other offenses; certain counts were merged or vacated. Edwards filed a timely motion for a new trial, which was denied after a hearing. The denial was later vacated and re-entered to preserve appellate rights. Edwards then appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed Edwards’s arguments regarding sufficiency of the evidence, jury instructions, severance, juror removal, and ineffective assistance of counsel. The Court held that challenges to merged or vacated counts were moot, found no plain error in the jury instructions, ruled that the trial court did not abuse its discretion in denying severance, and determined that Edwards waived appellate review concerning juror removal. The Court also found no deficient or prejudicial performance by trial counsel. The Court affirmed Edwards’s convictions and sentences. View "EDWARDS v. THE STATE" on Justia Law

The case involves George Michael Lewis, who was convicted of malice murder and related offenses after fatally shooting Kendra Weathers. Lewis and Weathers had been in a romantic relationship and lived together with Weathers’s children. In April 2015, Lewis was charged with battery against Weathers, resulting in a no-contact order. Despite this, Lewis was present at Weathers’s apartment on May 5, 2015, where an argument ensued, witnessed and audio-recorded by Shenique Griffith. During the altercation, Lewis shot Weathers as she fled the apartment. He then fled the scene, leading police on a lengthy car chase before being apprehended. At trial, Lewis claimed the shooting was accidental, asserting that Weathers produced a gun first and it discharged during a struggle.Following indictment in the Superior Court of Cobb County, a jury found Lewis guilty on all counts except one. The trial court sentenced him to life without parole for malice murder and imposed additional sentences for other offenses. Lewis’s motion for new trial was denied after a hearing, and he appealed.The Supreme Court of Georgia reviewed the case. The court concluded that the evidence was sufficient to support the convictions for malice murder, possession of a firearm during the commission of a felony, and aggravated stalking, emphasizing the strength of the evidence and the jury’s role in weighing credibility. The court also held that cross-examination about Lewis’s prior fraudulent conduct, underlying a discharged First Offender plea, was proper under evidentiary rules regarding character for truthfulness, and was not unfairly prejudicial. Finally, the court rejected Lewis’s claims of ineffective assistance of counsel related to the Jackson-Denno hearing, finding no prejudice or deficient performance. The convictions and sentences were affirmed. View "LEWIS v. THE STATE" on Justia Law

After an argument over a missing dog between Arlontae Marks and Calje Jordan, Jordan’s brother, Xaiver Frison, became involved. The dispute began after Jordan had unsuccessfully tried to evict Marks and his girlfriend from her apartment, leading to confrontations about the missing dog and personal belongings. On the day of the shooting, Marks attempted to force entry into Jordan’s apartment and made verbal threats. Later, as tensions escalated, Frison shot Marks multiple times in the lobby of the apartment building, resulting in Marks’s death. Frison claimed he acted in self-defense, asserting that Marks had brandished a gun during the altercation.A Fulton County grand jury indicted Frison on charges including malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a felony. After a jury trial in the Superior Court of Fulton County, Frison was found guilty of malice murder and possession of a firearm during the commission of a felony. The court sentenced him to life in prison plus five years. Frison’s motion for a new trial was denied.On appeal to the Supreme Court of Georgia, Frison argued that the State failed to disprove his self-defense claim beyond a reasonable doubt. The Supreme Court of Georgia reviewed the evidence under the Jackson v. Virginia standard, which requires viewing evidence in the light most favorable to the verdict. The Court held that the jury was authorized to reject Frison’s self-defense claim, particularly in light of surveillance footage and witness testimony showing that Marks never brandished his weapon during the incident. The Supreme Court of Georgia found the evidence sufficient to support the convictions and affirmed the judgment. View "FRISON v. THE STATE" on Justia Law

A property owner participated in Georgia’s Conservation Use Value Assessment (CUVA) program, which allows for reduced property tax assessments in exchange for maintaining the land for conservation purposes under a ten-year covenant. The property was subsequently sold in part to a new owner, who failed to apply to continue the CUVA covenant by the statutory deadline. As a result, the Hall County Board of Tax Assessors determined that this failure constituted a breach of the covenant, imposed penalties for the breach, and sent tax statements reflecting the penalty to both the original and new property owners.The original owner appealed the Board’s determination to the Hall County Board of Equalization, which denied the appeal. The owner then filed a petition for review in the Superior Court of Hall County, arguing that the Board had not completed required statutory steps before imposing the penalty, that the relevant statutory provision was unconstitutionally vague, and that the wrong penalty provision had been applied. The Superior Court granted summary judgment in favor of the Board on all issues.On further appeal, the Supreme Court of Georgia considered whether the trial court had jurisdiction to rule on the owner’s constitutional claim challenging the statute’s validity. The Supreme Court concluded that, due to a 2022 amendment to OCGA § 9-4-7(c), any constitutional challenge to a statute—even as part of a non-declaratory judgment action—requires service of the proceeding on the Attorney General so the State may defend the statute. Because the owner had not served the Attorney General prior to the trial court’s ruling, the Supreme Court held that the lower court lacked jurisdiction over the constitutional claim. The Court vacated the portion of the trial court’s order addressing the constitutional question and remanded the case to allow proper service on the Attorney General. The Court did not address the owner’s non-constitutional arguments. View "CHESTNUT RIDGE, LLC v. HALL COUNTY BOARD OF TAX ASSESSORS" on Justia Law