Justia Georgia Supreme Court Opinion Summaries

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

Corey Blount was convicted of murder and related offenses stemming from the shooting death of Derrick Merritt Jr. and the wounding of Jamaris Walter. He challenged the sufficiency of the evidence presented against him at trial to sustain his convictions. Further, he argued he received ineffective assistance of trial counsel. Finding no reversible error, the Georgia Supreme Court affirmed Blount’s convictions. View "Blount v. Georgia" on Justia Law

Nicambreon Flowers was tried by jury and convicted of murder and armed robbery in connection with the 2014 fatal shooting of Joel Tengue. Flowers appealed, arguing that the evidence was legally insufficient to sustain his convictions and that the trial court erred when it charged the jury. The Georgia Supreme Court found no reversible error and affirmed. View "Flowers v. Georgia" on Justia Law

William Winston appealed his convictions relating to the death of Caylen Gooch. Appellant’s sole contention raised on appeal was that the evidence was insufficient to convict him of the crimes charged. Finding no reversible error, the Georgia Supreme Court affirmed Winston’s convictions. View "Winston v. Georgia" on Justia Law

Shakeim Dorsey appealed his convictions for malice murder and possession of a firearm during the commission of a felony in connection with the shooting death of Derickes Miles. Dorsey argued on appeal: (1) that the evidence was insufficient to support his convictions; (2) the trial court erroneously allowed the medical examiner to testify about matters outside his area of knowledge; and (3) the trial court erroneously admitted a witness’s prior consistent statements. The Georgia Supreme Court affirmed because: (1) the evidence was sufficient to support Dorsey’s convictions; (2) Dorsey invited any error regarding the medical examiner’s testimony; and (3) the witness’s prior consistent statements became admissible after Dorsey suggested that the witness had fabricated his testimony. View "Dorsey v. Georgia" on Justia Law

In January 2017, a jury was empaneled to try Travis Yarbrough for murder and other crimes. Before the State rested its case, Yarbrough moved for a mistrial, alleging prosecutorial misconduct in the direct examination of a witness. The trial court granted the motion, declared a mistrial, and Yarbrough then filed a plea in bar, asserting that a retrial would subject him unconstitutionally to double jeopardy. The trial court denied the plea in bar, and Yarbrough appealed. Finding no error in that denial, the Georgia Supreme Court affirmed. View "Yarbrough v. Georgia" on Justia Law

Appellant Damien Simpkins was found guilty of malice murder and other crimes in connection with the June 2013 shooting death of Kenneth Quarterman, Jr. On appeal, Simpkins argued his trial counsel was ineffective for failing to object to evidence of a non-testifying codefendant’s statements that inculpated Simpkins (known as a Bruton violation). The Georgia Supreme Court found no deficiency and affirmed. View "Simpkins v. Georgia" on Justia Law

Rajonte McGruder was convicted of malice murder in the death of Kenneth Quarterman, Jr., aggravated assault against Lewis Brown III, and other crimes in connection with a drive-by shooting in June 2013. On appeal, McGruder argued the evidence admitted at trial was legally insufficient to support his convictions. The Georgia Supreme Court found the evidence was sufficient to authorize the jury to find beyond a reasonable doubt that McGruder was guilty of the crimes of which he was convicted, and therefore affirmed. View "McGruder v. Georgia" on Justia Law

This case arose from a January 2013 roadway altercation between George Ebinger and another motorist, Logan Lord, that came to a head in a shopping center parking lot. Lord claimed to have suffered injuries to his arms when Ebinger hit him with a shovel. Lord testified at trial that he initially held a knife at his side and then began to stab at Ebinger only after Ebinger began swinging at him with the shovel. Ebinger testified that Lord began attacking him with a knife as soon as he exited his vehicle and that he struck Lord with the shovel only to defend himself. Warden Ahmed Holt appealed the grant of habeas relief to Ebinger, who was tried in 2014 by jury and convicted of one count of aggravated assault. The habeas court granted relief on the basis of ineffective assistance of both trial and appellate counsel. The Warden argued the habeas court erred by improperly reaching the merits of the ineffective assistance of trial counsel claims and by finding that Ebinger was prejudiced by appellate counsel’s alleged deficiencies. The Georgia Supreme Court reversed because Ebinger’s failure to complete the record with relevant evidence from the trial proceedings was fatal to all of the claims for which he was granted habeas relief. View "Holt v. Ebinger" on Justia Law