Justia Georgia Supreme Court Opinion Summaries

Appellant John Taylor was tried and convicted of malice murder and related offenses in connection with the February 2011 death of Gene Musgrave and aggravated assault of Robert Sauls. Taylor appealed, alleging: (1) that he received ineffective assistance of counsel, (2) that the trial court erred during closing argument; and (3) that his indictment was fatally defective. Finding no reversible error, the Georgia Supreme Court affirmed. View "Taylor v. Georgia" on Justia Law

Dustin Putnal was been indicted for one count each of malice murder, aggravated battery, and aggravated sexual battery and two counts each of felony murder and cruelty to children in the first degree in connection with the death of Ella Grayce Gail Pointer, a minor, on or about October 28 or 29, 2016. The State sought the death penalty. After the trial court issued an order denying Putnal’s motion to proceed ex parte and under seal with regard to his requests for defense-retained mental health experts to gain access to him in the detention center where he is incarcerated, Putnal obtained a certificate of immediate review from the trial court and filed an application for interlocutory appeal with the Georgia Supreme Court. The Supreme Court granted Putnal’s application in an order directing the parties to address: “Whether the trial court erred in denying Putnal’s motion to proceed ex parte and under seal with regard to matters pertaining to his expert mental health investigation.” The Court also directed that, in addressing this question, the parties discuss Zant v. Brantley, 411 SE2d 869 (1992), in which the Court previously held that the State was not entitled to be present at a hearing concerning the defendant’s request for an access order similar to the access orders involved in Putnal’s case. After review of that briefing, the Supreme Court concluded the issue presented in this case was controlled by Brantley. Therefore, the Court reversed the trial court order from which Putnal appealed, and remanded this case for further proceedings. View "Putnal v. Georgia" on Justia Law

The Georgia Supreme Court granted certiorari to consider whether the warrantless search of Richard Caffee resulting in the discovery of marijuana was authorized by an exception to the Fourth Amendment’s warrant requirement. The Court of Appeals concluded that the warrantless search was permissible because it was supported by probable cause to believe that marijuana would be found on Caffee. “Absent consent, probable cause generally is a necessary condition to support a warrantless search of a person, but it is not by itself sufficient; a warrantless search must also fall within a recognized exception to the warrant requirement.” To the extent the Court of Appeals suggested otherwise, the Supreme Court determined it was wrong. Nevertheless, the Supreme Court affirmed because the warrantless search was permissible as a search incident to arrest (even though it preceded the formal arrest) as the police officer had developed probable cause to arrest Caffee for possession of marijuana before conducting the search. View "Caffee v. Georgia" on Justia Law

Ashleigh Ricks appealed the denial of her 2017 motion for an out-of-time appeal of her guilty-plea conviction for felony murder. The Georgia Supreme Court reversed, concluding that the trial court was without jurisdiction to decide the motion. View "Ricks v. Georgia" on Justia Law

Appellant Latisha McCoy was charged with driving under the influence of marijuana to the extent it was less safe to drive after she was stopped at a roadblock in Henry County, Georgia. She moved to suppress all evidence obtained from the stop and arrest on the ground that the roadblock violated the Fourth Amendment. The trial court denied McCoy’s motion, and following a bench trial, found her guilty. She appealed; the Court of Appeals affirmed the trial court’s denial of her motion to suppress. The Georgia Supreme Court granted McCoy’s petition for certiorari on whether the Court of Appeals erred in its application of LaFontaine v. Georgia, 497 SE2d 367 (1998), in determining whether the roadblock was reasonable under the Fourth Amendment, in particular the factor that considered the screening officer’s training and experience. Although the Supreme Court did not follow the analysis employed by the Court of Appeals, it affirmed the judgment, and in doing so, clarified the factors needed to determine whether a roadblock is reasonable under the Fourth Amendment. View "McCoy v. Georgia" on Justia Law

The Georgia Supreme Court granted certiorari in this case to address whether Georgia’s new Juvenile Code required a party to follow the interlocutory appeal procedures laid out in OCGA 5-6-34 (b) when appealing an order concerning the transfer of a case from juvenile to superior court. The Court held that it did not and, in so doing, reversed the decision of the Court of Appeals and remanded the case to be decided on the merits. View "In the Interest of K.S., a child" on Justia Law

This case was a “John Doe” appeal from the denial of a motion to seal the records of a criminal case pursuant to OCGA 35-3-37 (m). In July 2006, Doe pled guilty to possession of marijuana as a first-time drug offender and was sentenced to five years on probation without entry of a judgment of guilt The Court of Appeals transferred the appeal to the Georgia Supreme Court on the sole basis of the Supreme Court’s exclusive appellate jurisdiction in "all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question." After review, the Supreme Court concluded this appeal did not invoke its Court’s constitutional-question jurisdiction, and accordingly, returned the case to the Court of Appeals. View "Doe v. Georgia" on Justia Law

Appellant Anthony Lee Douglas was convicted of malice murder and associated offenses in connection with the shooting deaths of Keith Davis and Charles Avent and the wounding of Sheldon Thomas. On appeal, Appellant contended that the trial court erroneously denied his motion to suppress and improperly admitted other acts evidence under OCGA 24-4-404 (b). Though the Georgia Supreme Court concluded Appellant was erroneously sentenced, the Court otherwise affirmed, and remanded for resentencing. View "Douglas v. Georgia" on Justia Law

Stephanie Stephens appealed several convictions stemming from the death of her child, Jewell, from cocaine poisoning. Stephens was ultimately sentenced on only one count, felony murder predicated on possession of cocaine with intent to distribute. She argued the evidence was insufficient on that count because the State failed to prove a nexus between the underlying felony and her child’s death. The Georgia Supreme Court rejected that argument, and the same argument in the appeal of her co-defendant, with whom Stephens was tried jointly. Her remaining arguments addressed counts that the trial court merged or effectively vacated, and thus are moot. As such, the Supreme Court affirmed the conviction. View "Stephens v. Georgia" on Justia Law

Appellant Clifford White was found guilty of murdering his wife, Linda in 2008. She was discovered by appellant’s brother-in-law in a freezer, partially dressed with a bag over her head. The cause of death was listed as blunt force trauma to the head. Appellant appealed his conviction, arguing the evidence was insufficient to sustain his malice murder conviction, and that he received ineffective assistance of trial counsel. Finding no reversible error, the Georgia Supreme Court affirmed. View "White v. Georgia" on Justia Law