Justia Georgia Supreme Court Opinion Summaries

Appellant Jimmy Winfrey pled guilty to six counts of violating Georgia’s Street Gang Terrorism Prevention Act in connection with a drive-by shooting of rapper “Lil Wayne’s” tour bus on Interstate 75. Winfrey appealed, arguing that the trial judge improperly participated in plea negotiations in violation of Uniform Superior Court Rule 33.5 (A) and that his plea was involuntary on the basis of that participation. After review, the Georgia Supreme Court agreed, and therefore reversed Winfrey's convictions. "Taken in their entirety, the trial court’s repeated comments communicated to Winfrey, albeit implicitly, that if he rejected the plea offer and was found guilty by a jury, then he would - not merely may or could - receive a harsher sentence. We must conclude in light of these comments that Winfrey’s guilty plea was involuntary." View "Winfrey v. Georgia" on Justia Law

Rico Ballard appealed pro se the Superior Court’s denial of his motion and amended motion in arrest of judgment, which Ballard filed many years after his 1996 murder conviction. The Georgia Supreme Court did not reach the merits of Ballard’s claims, however, because the trial court lacked jurisdiction and should have dismissed his motion and amended motion. The Supreme Court therefore vacated the judgment and remanded with direction for the trial court to do so. View "Ballard v. Georgia" on Justia Law

Following the denial of his motion for new trial, Stephon Rickman appealed his convictions for felony murder and possession of a firearm during the commission of a crime in connection with the fatal shooting of Travious Floyd. Rickman challenged the trial court’s admission of certain photographic evidence and the effectiveness of his trial counsel. Finding the challenges to be unavailing, the Georgia Supreme Court affirmed. View "Rickman v. Georgia" on Justia Law

Brandon Taylor and his three co-indictees (Henry Finley, III, James Jordan, and Christopher Cushenberry) were charged with malice murder, three counts of felony murder, and other offenses arising out of the shooting death of Javarus Dupree. Taylor was tried jointly with Henry Grady Finley, whose convictions were previously affirmed. The jury found Taylor guilty of two counts of felony murder (predicated on criminal attempt to commit armed robbery and on conspiracy to commit armed robbery), as well as the underlying predicate crimes to those felony murder charges. Appellant joined the other three co-indictees when they met up with the victim under the ruse of setting up a drug “buy.” During the attempted robbery, Jordan shot the victim in the head, resulting in his death. The trial court denied appellant’s motion for new trial, and he appealed. Finding only error in the sentencing order, the Georgia Supreme Court affirmed in part, reversed in part and remanded for resentencing. View "Taylor v. Georgia" on Justia Law

In 2012, a jury found Charles Mitchell guilty of malice murder, two counts of felony murder, armed robbery, aggravated assault, arson, concealing the death of another, making a false statement, and possession of a firearm in commission of a felony in connection with the murder of Gboye Jalloh. Mitchell was sentenced to two life terms plus five years. His amended motion for new trial was denied, and Mitchell appealed, alleging on of error remarks made by the trial court during preliminary instructions to the jury venire. Finding no such errors, the Georgia Supreme Court affirmed. View "Mitchell v. Georgia" on Justia Law

Walter Caldwell appealed his conviction and sentence for felony murder while in the commission of aggravated assault in connection with the beating death of his girlfriend’s fifteen-month-old daughter Tynisha Carlton. His sole challenge was to the trial court’s refusal to strike three potential jurors for cause. Finding the challenge to be without merit, the Georgia Supreme Court affirmed. View "Caldwell v. Georgia" on Justia Law

Demario Carman, along with three other men, was indicted for murder, armed robbery, and related crimes in connection with the 2012 death of Vanessa Thrasher at O.T.’s Lounge in Atlanta. The State gave notice of its intent to seek the death penalty, and the guilt/innocence phase of Carman’s trial began on November 17, 2014. The trial court declared a mistrial during the latter half of the guilt/innocence phase of Carman’s trial. In this appeal, Carman contended his right not to be subjected to double jeopardy and his right to counsel of his choosing would be violated if he were subjected to a new trial following the mistrial. The Georgia Supreme Court affirmed the trial court’s denial of Carman’s plea in bar, thereby returning jurisdiction to the trial court for the purpose of its conducting a new trial. View "Carman v. Georgia" on Justia Law

The Georgia Supreme Court granted prisoner Cardell Abrams’s application for a certificate of probable cause to appeal the denial of his petition for a writ of habeas corpus, posing the question of whether the habeas court correctly dismissed the petition for failure to file within the time allowed by OCGA 9- 14-42(c)(3). Because Abrams’s habeas petition was not timely pursuant to any of the alternative paragraphs of the statute of limitation in OCGA 9-14-42 (c), the habeas court correctly dismissed the petition as untimely. View "Abrams v. Laughlin" on Justia Law

Appellant Nicholas Wade was convicted of murder and related offenses arising out of the beating death of Keon Belk, as well as the aggravated assault of Vinnie Jones. On appeal, Appellant argued: (1) the jury was improperly charged; (2) the trial court erroneously admitted certain testimony and evidence; and (3) that he was improperly sentenced. Though the Georgia Supreme Court found no reversible error with respect to the verdicts, it agreed Appellant was erroneously sentenced. The Court vacated and remanded for resentencing. View "Wade v, Georgia" on Justia Law

Appellant John Kennedy Cope appealed his convictions related to the death of Moses Mack. As grounds for his appeal, appellant argued the trial court erroneously admitted two statements he made to police. Finding no reversible error, the Georgia Supreme Court affirmed his convictions. View "Cope v. Georgia" on Justia Law