Justia Georgia Supreme Court Opinion Summaries

In 1995, Barry Davis pled guilty to aggravated sodomy against his six-year-old daughter and was sentenced to ten years with two to serve in confinement. After the enactment of OCGA 42-1-12 in 1996, he was required to register for life as a sex offender upon his release on probation. After his release from prison, Davis’ probation terminated on July 15, 2005. On February 13, 2013, Davis obtained a pardon from the Board of Pardons and Paroles. Shortly after receiving the pardon, Davis moved to North Carolina without providing notice within 72 hours to the Chatham County Sheriff as required of sex offenders by OCGA 42-1-12 (f) (5). He was indicted for violation of that Code section by “fail[ing] to update his address, required registration information, with the Sheriff of Chatham County. . . within 72 hours prior to such change of residence . . . .” He filed a general demurrer to the indictment for failure to charge a criminal offense, contending that the requirement to register as a sex offender was removed by the pardon. The trial court found that, in the absence of express language in the Board’s decree, Davis’ pardon did not release him from the obligation to register as a sex offender. It therefore denied the general demurrer. The Georgia Supreme Court granted this petition for certiorari to consider two questions: (1) whether the Georgia Supreme Court’s constitutional question jurisdiction was invoked by the issue of the authority of the Board of Pardons and Paroles to remove the requirements imposed upon sex offenders by OCGA 42-1-12 under its constitutional power “to remove disabilities imposed by law;” and (2) if yes, then whether the trial court erred in concluding that the registration and reporting requirements of that Code section were not a “disability” within the meaning of the Board’s constitutional powers, and therefore denying Davis’ general demurrer. The Supreme Court answered both questions in the affirmative, therefore finding it had to vacate the judgment of the Court of Appeals, decide the constitutional claims presented by this petition, and reverse the trial court’s judgment. View "Georgia v. Davis" on Justia Law

Margarita Leanos appealed after she was convicted for felony murder and other crimes in connection with the killing of a taxi driver, Isaias Tovar Murillo. On appeal, Leanos challenged the sufficiency of the evidence used to convict her. She also argued trial counsel was ineffective for failing to: (1) notice that Leanos had been medicated into incompetence; (2) present a cohesive defense theory; (3) object to references to Leanos’s character; and (4) request a severance of the gang charges. The Georgia Supreme Court found no reversible error, finding the evidence was sufficient to sustain the convictions and Leanos did not show her trial counsel was ineffective. View "Leanos v. Georgia" on Justia Law

Appellant Allen Watson was convicted of felony murder and possession of a firearm in connection with the 2014 shooting death of Jackise McKie. On appeal, he contended the trial court erred by allowing the lead detective to testify as a firearms expert, and raised two claims of ineffective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed Watson’s conviction. View "Watson v.Georgia" on Justia Law

In 2005, a jury found Jordan Warbington guilty of murder, felony murder, and aggravated assault in the bludgeoning death of Kenneth “Tate” Cain in the break room of the Warbington family mortuary. The judgment of conviction was affirmed in 2007. Warbington alleged that, after indictment and before his trial and conviction for murder, he was incarcerated in the state prison system for an unrelated offense after his parole was revoked. In 2017, Warbington filed a pro se “Motion for Jail-Credit Time” in his original criminal proceeding, seeking to have the time served on the unrelated offense after his parole was revoked credited against his subsequently imposed sentence for murder. The motion was denied by the trial court, and Warbington appeals to this Court. The Georgia Supreme Court determined that raising a motion in his original criminal proceeding was not the appropriate avenue through which Warbington should have sought relief: a prisoner seeking credit fortime served should generally seek relief through a petition for writ of mandamus against the official responsible for calculation of the time. The Georgia Court “[has] made clear that the proper procedure for seeking relief is not a point to be overlooked, even if the claim is clearly meritless.” While the trial court recognized this issue, noting that “pursuant to OCGA 17-10-12, the duty to award credit for time served is the duty of the Georgia Department of Corrections,” it denied the motion when it should have been dismissed as a nullity. Because the motion was a nullity, it presented nothing to appeal, and Warbington’s appeal was therefore dismissed. View "Warbington v. Georgia" on Justia Law

Matthew Pike (“Pike”), and Daniel Slaton (“Daniel”), and appellant William Slaton, were jointly indicted for malice murder and other crimes in connection with the death of Justin Klaffka. Daniel, appellant’s brother, pled guilty to several crimes and testified for the State at appellant’s trial. Appellant was tried along with Pike, and both were convicted of malice murder. The Georgia Supreme Court previously affirmed Pike’s conviction; following the denial of appellant’s motion for new trial, as amended, he appealed, contending, among other things, that his trial counsel provided ineffective assistance in numerous respects. Finding no such ineffective assistance, the Supreme Court affirmed appellant’s conviction. View "Slaton v. Georgia" on Justia Law

Deion Smith was found guilty of malice murder and arson in connection with the violent death of 15-year-old Jasmine Moore. Smith appealed, arguing that his trial counsel was ineffective for failing to challenge the sufficiency of the indictment and failing to thoroughly cross-examine Smith’s codefendant, Tyberius Murchinson. Because the Georgia Supreme Court found Smith’s trial counsel was not constitutionally ineffective, it affirmed his conviction. View "Smith v. Georgia" on Justia Law

Karon Norman was tried by jury and convicted of murder and possession of a firearm during the commission of a crime in connection with the 1997 fatal shooting of Keith Williams. Norman raised three claims on appeal: (1) he was denied the effective assistance of counsel when his lawyer entered a stipulation at trial about his 1993 juvenile adjudication for murder; (2) the trial court gave erroneous limiting instructions to the jury concerning the evidence of the 1993 murder; and (3) his due process rights were violated by the 17-year delay in his post-conviction proceedings. Finding no reversible error, the Georgia Supreme Court affirmed. View "Norman v. Georgia" on Justia Law

Zachary Taylor appealed his conviction for malice murder based on the 2004 death of Lamar Railey 16 days after Taylor struck him with his car. Taylor argued on appeal that his malice murder conviction was not supported by sufficient evidence because the State did not prove intent and causation. He also argued the trial court erred when it denied Taylor’s motion to change venue and when it denied Taylor’s challenge under Batson v. Kentucky, 476 U. S. 79 (1986). The Georgia Supreme Court found the evidence of intent and causation was sufficient to convict Taylor of malice murder; the trial court did not abuse its discretion in denying Taylor’s motion for a change of venue; and the trial court did not commit reversible error in denying Taylor’s Batson challenge. View "Taylor v. Georgia" on Justia Law

In September 2003, Johnny O’Neal Usher pleaded guilty and was convicted of murder, rape, and burglary. He did not appeal his convictions at that time. Fourteen years later, he filed a motion for leave to take an out-of-time appeal, but the court below denied his motion. In his motion, Usher said that, if he were permitted to take an out-of-time appeal, he would assert that his indictment was defective, that the court below accepted his plea without an adequate factual basis, that his plea was not knowing and voluntary, and that his plea counsel should have objected to the acceptance of his plea. The Georgia Supreme Court found the existing record failed to sustain any of these claims of error, and affirmed the denial of Usher’s motion. View "Usher v. Georgia" on Justia Law

Appellant Kevon Brown was found guilty of murder, felony murder, aggravated assault with a deadly weapon, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony, in the 2008 shooting death of Rodricus Morgan. He argued on appeal to the Georgia Supreme Court that he was denied the right to the effective assistance of trial counsel. Finding no reversible error, the Court affirmed Brown’s conviction. View "Brown v. Georgia" on Justia Law