Justia Georgia Supreme Court Opinion Summaries

Richard Merritt, an attorney, was convicted of malice murder and possession of a knife during the commission of a crime after the death of his mother, Shirley Merritt, in February 2019. Prior to the murder, Merritt had pled guilty to multiple theft-related felonies and was sentenced to prison, but was released on GPS monitoring pending his surrender. On the day he was to report to prison, Merritt met his ex-wife and daughter at a doctor’s appointment, returned to his mother’s house, and later left in her car with both their cell phones. He cut off his GPS monitor and disappeared. Shirley was found dead the next day, having suffered stab wounds and blunt-force trauma. Merritt was apprehended months later living under a false identity in Tennessee. At trial, Merritt claimed two unknown men killed his mother, but the jury rejected this account.The Superior Court of DeKalb County held a jury trial in May 2023, resulting in Merritt’s conviction on all counts. He was sentenced to life without parole for malice murder and a consecutive five years for possession of a knife. Other counts were vacated or merged. Merritt filed a motion for new trial, which was denied after an evidentiary hearing in January 2025.The Supreme Court of Georgia reviewed Merritt’s appeal. The court held that the evidence was sufficient to support the convictions, and that Merritt failed to show ineffective assistance of counsel regarding cross-examination, closing argument, or other trial strategies. Claims regarding shackling and an alleged Brady violation were deemed waived. The court found no cumulative error and affirmed the convictions. The Supreme Court of Georgia’s judgment was to affirm Merritt’s convictions. View "MERRITT v. THE STATE" on Justia Law

The case concerns a shooting that occurred on March 15, 2022, in Griffin, Georgia, resulting in the death of Wildarius Draggs and the assault of Rayshon Goodrum. Surveillance footage showed that Draggs and Goodrum were sitting on a porch when a car containing Isaac Reid, Kinesa Harvey, DeQuivon McMullin, and Cameron Barkley drove by. Later, Reid, McMullin, and Barkley exited the car, walked behind a nearby house, and shortly thereafter, shots were fired at Draggs and Goodrum. Barkley, a co-defendant, testified that Reid fired the shots, motivated by the belief that a rival gang member was present. Physical evidence included shell casings at the scene and a photograph of a gold gun allegedly used in the shooting. Draggs died from his injuries, and Goodrum survived.The Superior Court of Spalding County conducted a joint trial for Reid, Harvey, and McMullin. The jury acquitted Harvey of all charges, found Reid guilty of malice murder and other offenses (but not guilty on one gang-related count), and found McMullin guilty of aggravated battery and felony murder predicated on that battery. Reid was sentenced to life without parole plus consecutive sentences for aggravated assault and a gang violation. Reid filed a motion for new trial, which was denied. He then appealed.The Supreme Court of Georgia reviewed the case after it was transferred from the Court of Appeals. The Court held that the evidence was sufficient under federal due process standards to support Reid’s convictions, finding that the jury could reasonably conclude Reid was the shooter based on the surveillance footage, testimony, and corroborating evidence. The Court also found that the statutory requirement for corroboration of accomplice testimony was met. The denial of Reid’s motion for new trial was affirmed, and his convictions were upheld. View "REID v. THE STATE" on Justia Law

The case concerns the fatal shooting of Michael Riley in his home on June 30, 2013. Police investigation revealed that Riley’s wife, Antoinette Riley, and her daughter, Katrina Ledford, were involved in a plot to kill Riley, with Tarell Momon, who was incarcerated and romantically involved with Ledford, allegedly orchestrating the murder. Cell phone records showed extensive communication between Momon, Ledford, and Antoinette, as well as with two other individuals, Terrance Griswould and Travis Berrian, who were implicated as co-conspirators. The evidence included text messages indicating planning and coordination of the murder, and testimony about Momon’s gang affiliation and prison conduct.A Bulloch County grand jury indicted Momon, Griswould, Ledford, and Antoinette Riley for malice murder and possession of a firearm during the commission of a felony. Ledford and Antoinette pleaded guilty, while Momon and Griswould were tried together. The jury found Momon guilty of murder but acquitted him of the firearm charge; Griswould was acquitted on all counts. Momon was sentenced to life in prison with the possibility of parole. He filed a motion for a new trial, which was denied by the trial court after several amendments and delays.The Supreme Court of Georgia reviewed Momon’s appeal, in which he argued that his trial counsel was constitutionally ineffective for failing to make certain evidentiary objections and that the cumulative effect of these alleged errors denied him a fair trial. The court held that Momon failed to demonstrate either deficient performance by his counsel or resulting prejudice under the standard set by Strickland v. Washington. The court found that the challenged evidence was either admissible, cumulative, or not prejudicial, and that counsel’s decisions were within the bounds of reasonable trial strategy. The judgment of the trial court was affirmed. View "MOMON v. THE STATE" on Justia Law

The case concerns a man who lived with his father in Barrow County, Georgia, and was accused of killing a family friend who often stayed at their home. After the friend’s disappearance, the accused made suspicious statements to his father, and the friend’s body was later found in the trunk of his own car, having been shot multiple times. The accused was apprehended after fleeing from law enforcement, and during post-arrest interviews, he admitted to the killing and provided details that were corroborated by physical evidence. At trial, he testified that he shot the victim after a confrontation related to past sexual abuse and introduced evidence about his methamphetamine use and its effects.A Barrow County grand jury indicted the accused on multiple charges, including malice murder, felony murder, aggravated assault, firearm possession during a felony, concealing a death, and methamphetamine possession. After a jury trial in the Superior Court of Barrow County, he was found guilty on all counts. The court sentenced him to life plus eighteen years in prison, with certain counts merging or being vacated as a matter of law. The defendant’s motion for a new trial was denied, and he appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed three main claims: the failure to give a jury instruction on voluntary intoxication, the admission of prior-act evidence under Georgia’s Rule 404(b), and the admission of his post-arrest statements. The Court held that the trial court properly declined the requested intoxication instruction because it misstated the law, any error in admitting the prior-act evidence was harmless given the overwhelming evidence of guilt, and the admission of the defendant’s statements did not violate due process because there was no evidence of police coercion. The Supreme Court of Georgia affirmed the convictions. View "WOSCHULA v. THE STATE" on Justia Law

Owners of developed commercial and residential properties in Athens-Clarke County challenged the county’s stormwater utility charge, arguing that it was an unconstitutional tax rather than a fee. The charge, established by county ordinances in 2004, funds stormwater management services required by federal law, with the amount assessed based on impervious surface area and land-use classification. The ordinance exempts certain properties, such as public roads and sidewalks, and offers credits for on-site stormwater management. The funds collected are used for flood prevention, pollution minimization, and compliance with federal regulations.Previously, the Superior Court of Athens-Clarke County granted summary judgment to the county, finding that the stormwater utility charge was a fee, not a tax, and thus not subject to the Georgia Constitution’s taxation uniformity provision. This decision relied on the Georgia Supreme Court’s earlier ruling in Homewood Village, LLC v. Unified Government of Athens-Clarke County, which had addressed the same ordinance and held it imposed a fee rather than a tax. The appellants also pursued related claims in federal court, but those were dismissed on abstention grounds.On appeal, the Supreme Court of Georgia affirmed the trial court’s decision. The court held that its prior decision in Homewood Village, LLC v. Unified Government of Athens-Clarke County controlled, reaffirming that the stormwater utility charge is a fee and not a tax, and therefore the uniformity provision does not apply. The court also rejected the appellants’ arguments that the charge constituted an unconstitutional taking under the Georgia and United States Constitutions, finding no basis for such a claim. Finally, the court found that the trial court had properly applied the summary judgment standard and had not improperly resolved factual disputes. The judgment in favor of the county was affirmed. View "HOMEWOOD ASSOCIATES INC. v. UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY" on Justia Law

A group of teenagers, including the appellants, committed a series of armed robberies and a murder over a three-day period in October 2018 in Suwanee, Georgia. The crimes included the shooting death of Willian Tunchez and the robberies of four other individuals. The group, associated with the Gangster Disciples street gang, planned and executed these crimes, often using firearms and dividing the stolen proceeds. Evidence included testimony from accomplices, physical evidence recovered from the defendants’ residences, and digital evidence from cell phones and social media.Following these events, a Gwinnett County grand jury indicted several individuals on multiple counts, including malice murder, armed robbery, aggravated assault, and violations of the Street Gang Terrorism and Prevention Act. Some co-defendants agreed to testify for the State. After a joint jury trial in the Superior Court of Gwinnett County, the jury found the appellants guilty on most counts. The trial court sentenced both to life imprisonment without parole for malice murder, with additional concurrent and consecutive sentences for other offenses. The court merged certain counts for sentencing and vacated others by operation of law. Both appellants filed timely motions for new trial, which were denied, and then appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed the sufficiency of the evidence, claims of ineffective assistance of counsel, and alleged sentencing errors. The Court held that there was sufficient direct evidence to support the convictions, that trial counsel was not constitutionally ineffective, and that most sentencing decisions were correct. However, the Court found that the trial court erred by failing to merge one aggravated assault count with an armed robbery count for one appellant, vacating that sentence but otherwise affirming the convictions and sentences. View "Evans v. State" on Justia Law

A group of broadband internet providers in Georgia entered into contracts with the Georgia Department of Transportation to install and maintain their equipment along public rights of way. These contracts set annual permit fees and included a clause stating that the contracts would remain in effect until the parties entered into a new agreement. In 2021, the Department amended its rules, increasing permit fees and requiring providers to sign new contracts. The providers refused, and the Department notified them that, absent new agreements, they would be subject to the new rules. The providers then filed suit, seeking a declaratory judgment that their contracts were enforceable, not terminable at will, and that the Department’s actions impaired their contractual rights in violation of the United States and Georgia Constitutions.The Superior Court denied the State’s motion to dismiss, finding that sovereign immunity was waived under Article I, Section II, Paragraph V(b) of the Georgia Constitution because the providers sought declaratory relief from alleged unconstitutional acts. The court granted summary judgment to the providers, holding that the contracts were enforceable and not terminable at will by the Department.On appeal, the Supreme Court of Georgia reviewed the case. The Court agreed with the lower court that sovereign immunity was waived for this declaratory judgment action, as the providers sought relief from acts allegedly violating constitutional provisions. However, the Supreme Court of Georgia disagreed with the trial court’s interpretation of the contracts. It held that the contracts were of indefinite duration and, under longstanding Georgia law, were terminable at will by either party with notice. The Court affirmed the waiver of sovereign immunity but vacated the judgment granting declaratory and injunctive relief, remanding the case for further proceedings consistent with its opinion. View "State v. Dovetel Communication, LLC" on Justia Law

The case concerns the conviction of a man for the malice murder of his wife, who was found beaten and stabbed to death in their Georgia home. The victim’s mother and son, after being unable to reach her, traveled from Chicago to Georgia and, with police assistance, eventually discovered her body concealed under a pile of clothes. The investigation revealed a history of controlling and violent behavior by the defendant toward the victim, evidence of his flight from Georgia to Chicago in the victim’s car, and his subsequent armed standoff with police in Chicago, during which he threatened suicide and possessed knives matching those found at the crime scene.A Henry County grand jury indicted the defendant for malice murder, felony murder, and aggravated assault. After a jury trial in the Superior Court of Henry County, he was found guilty on all counts and sentenced to life without parole. The defendant filed a motion for new trial, which was denied after an evidentiary hearing. He then appealed to the Supreme Court of Georgia.The Supreme Court of Georgia affirmed the convictions and sentence. The court held that trial counsel was not constitutionally ineffective for failing to request a specific jury instruction on impeachment by bias, as the instructions given sufficiently covered the concept. The court also found no plain error in the admission of certain forensic testimony and reports, concluding that any potential Confrontation Clause violation did not affect the outcome given the overwhelming evidence of guilt. The admission of evidence regarding knives found in the defendant’s possession was deemed intrinsic to the case and not unfairly prejudicial. Finally, the court rejected the claim of cumulative error, finding no denial of a fundamentally fair trial. View "FELTON v. THE STATE" on Justia Law

The case concerns the fatal stabbing of Jason Cason, Jr. on November 10, 2022. Cason lived with Gary Mack, who testified that on the day of the incident, George Sharrod Johns, a friend and frequent visitor, entered Cason’s bedroom. Mack heard Cason plead, “[D]on’t hit me no more,” and soon after, saw Johns leave the apartment alone. Mack discovered Cason unresponsive and covered in blood, then saw Johns attempt to re-enter the apartment before leaving the area. Police later found bloodstains in Johns’s apartment matching Cason’s DNA. Forensic evidence established that Cason suffered 27 stab wounds, including defensive injuries, and died rapidly from chest wounds.A Fulton County grand jury indicted Johns for malice murder, felony murder, and aggravated assault. After a jury trial in December 2023, Johns was convicted on all counts. The trial court sentenced him to life in prison for malice murder, merging or vacating the other counts. Johns filed a motion for new trial, which was denied by the Superior Court of Fulton County in September 2024. He then appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed Johns’s claims that the evidence was insufficient, that the trial court erred in admitting certain autopsy photographs, and that his Confrontation Clause rights were violated by the testimony of a medical examiner who did not perform the autopsy. The court held that the evidence was constitutionally sufficient to support the conviction, the trial court did not abuse its discretion in admitting the autopsy photographs, and there was no Confrontation Clause violation because the testifying expert provided an independent opinion rather than relaying another’s findings. The court affirmed Johns’s convictions and sentence. View "JOHNS v. THE STATE" on Justia Law

The case concerns Kenneth Robinson, who was convicted of malice murder and other offenses related to the shooting death of Devontae Jones and the aggravated assault of Charmisa Witherspoon. The evidence showed that Robinson, age fourteen at the time, was involved with the 9 Trey Bloods gang. After a gang member, Jesus Cintron, disappeared, the gang’s leader plotted to kill Witherspoon and her son, fearing Witherspoon would cooperate with law enforcement. Robinson and other gang members went to Witherspoon’s house, where Robinson participated in the assault. Witherspoon escaped, but her son was killed. Robinson was tried alongside several co-defendants.The Superior Court of Fulton County granted Robinson a directed verdict on several counts and dead docketed one count, later nol prossed. The jury found Robinson guilty on the remaining counts except one. He was sentenced to life plus forty-five consecutive years. Robinson filed a motion for new trial, which was denied. His initial appeal was dismissed due to a pending count, but after that count was nol prossed, he filed an amended notice of appeal.The Supreme Court of Georgia reviewed the case. Robinson argued that his trial counsel was ineffective for failing to communicate a plea offer, that his sentencing procedure violated constitutional and statutory rights, that the trial court misunderstood its sentencing discretion, and that certain counts should have merged for sentencing. The court held that trial counsel did communicate the plea offer, so there was no deficient performance. The court also found no constitutional or statutory violation in the sentencing procedure, noting that neither Robinson nor his counsel objected or requested to be heard. Claims regarding the trial court’s sentencing discretion and merger of counts were found to be waived or without merit. The Supreme Court of Georgia affirmed Robinson’s convictions. View "ROBINSON v. THE STATE" on Justia Law