Justia Georgia Supreme Court Opinion Summaries

In October 2016, Taiquan Mitchell and Deon Dorsey were jointly tried and found guilty of malice murder and other crimes in connection with the shooting death of Marcus Waters, Jr. On appeal, Mitchell argued the trial court erred in denying his motion for new trial on the general grounds and in denying his motion for a mistrial after two jurors were seen being served alcoholic beverages during a lunch break. Dorsey separately argued that the evidence was not sufficient to prove beyond a reasonable doubt the crimes for which he was convicted. The Georgia Supreme Court consolidated these appeals for the purpose of issuing an opinion, and finding no reversible error, affirmed the convictions. View "Mitchell v. Georgia" on Justia Law

Ronald Smith was convicted by jury of malice murder and other crimes in connection with the shooting death of Charles Adams. Smith appealed the denial of his motion for a new trial, contending that the evidence was insufficient to support the jury’s verdicts, that the trial court erred in admitting Smith’s custodial statements and in giving or refusing to give certain jury instructions, and that his trial counsel was ineffective. Because Smith’s claims of error were without merit, the Georgia Supreme Court affirmed. View "Smith v. Georgia" on Justia Law

Holly Harvey appealed a trial court order denying her motion for an out-of-time appeal, denying her motion to modify her sentences, and dismissing her motion to withdraw her guilty pleas. In 2004, Harvey was indicted on two counts of malice murder, two counts of felony murder, and one count of armed robbery in connection with the August 2, 2004, stabbing deaths of her grandparents. After reviewing the record, the Georgia Supreme Court concluded the trial court properly dismissed her motion to withdraw her guilty pleas because it was untimely filed. Because her motion for an out-of-time appeal and motion to modify her sentences also should have been dismissed, the Court vacated that part of the trial court’s order denying these motions and remanded to the trial court with direction. View "Harvey v. Georgia" on Justia Law

The issue this case presented for the Georgia Supreme Court's review centered on whether a grandmother’s action for visitation rights to her biological granddaughter (the minor child of her deceased daughter) under OCGA § 19-7-3 was precluded by the adoption of the child by her stepmother, and whether certain subsections of the grandparent visitation statute were unconstitutional, among other issues. The Supreme Court concluded that: (1) the grandmother was authorized to pursue an action for visitation rights to her granddaughter despite the adoption; and (2) with respect to the constitutional challenges, the Court needed only to consider the constitutionality of one of the three subsections at issue—which it held to be constitutional. Accordingly, the trial court's rulings were affirmed. View "Barhhill, et al. v. Alford" on Justia Law

Robert Caviston was convicted by jury of malice murder and arson in the first degree in connection with the death of his 92-year-old mother, Agnes Caviston. Caviston contended the trial court erred in denying his motion for a new trial on the general grounds. He also argued the trial court erred in admitting harmful evidence of a fantasy novel that he had written, titled “The Philosophy of Murder,” thus requiring a new trial. Because Caviston failed to show reversible error, the Georgia Supreme Court affirmed. View "Caviston v. Georgia" on Justia Law

Danyel Smith was convicted of the murder of his infant son based on a theory of “shaken baby syndrome” (SBS). Smith argued that the science regarding diagnosis of brain injuries in infants has changed so much since his trial that he was entitled to a new trial based on a new expert affidavit ruling out battery or shaking as the cause of the baby’s death. The trial court rejected that argument and denied Smith’s extraordinary motion for new trial without a hearing. Because Smith’s extraordinary motion alleged facts that, if proven, could warrant relief, the trial court was not authorized to deny the motion without a hearing. The Georgia Supreme Court therefore vacated the trial court’s ruling on the motion and remanded for further proceedings. View "Smith v. Georgia" on Justia Law

Appellant Willie Lewis Turner II challenges his 2017 convictions for malice murder and possession of a firearm by a convicted felon in connection with the shooting death of Travalas Acres. Turner argued the evidence against him was not credible and therefore insufficient to support his convictions. When evaluating the sufficiency of the evidence to satisfy constitutional due process, the Georgia Supreme Court does not assess the credibility of the witnesses. When properly viewed in the light most favorable to the jury’s verdicts, the evidence at trial was sufficient to support Turner's convictions for malice murder and possession of a firearm by a convicted felon. Accordingly, the convictions were affirmed. View "Turner v. Georgia" on Justia Law

Patricko Davis was convicted of felony murder and other crimes in connection with the July 2014 shooting death of Takeenan Williams. On appeal Davis argued: (1) he was denied his constitutional right to a speedy trial; (2) the trial court erred by declining to admit “reverse 404 (b)” evidence about a later crime committed by a friend of Williams who was present when Williams was shot, which Davis claimed was relevant to the friend’s “intent” and “opportunity” to carry a gun; and (3) trial counsel rendered constitutionally ineffective assistance by failing to call a bullet- trajectory expert to support Davis’s self-defense claim and in his handling of the reverse 404 (b) evidence. The Georgia Supreme Court found no merit to any of Davis' claims and affirmed his convictions. View "Davis v. Georgia" on Justia Law

Jordy Moore was convicted of malice murder and other crimes arising from what began as a group fistfight and ended with the shooting death of Zyshonne Hindsman. On appeal, Moore argued his trial counsel rendered ineffective assistance by failing to conduct an adequate voir dire, making incorrect statements of fact and law in his opening statement, failing to object to the testimony of the victim’s grieving mother, and failing to adequately cross-examine certain prosecution witnesses about their pending criminal charges. He also contended the trial court impermissibly participated in Young’s decision to testify against Moore, and that the court violated OCGA § 17-8-57, which prohibited a judge from expressing or intimating to the jury the judge’s opinion as to whether a fact at issue has or has not been proved or as to the guilt of the accused. After review of the record, the Georgia Supreme Court found no reversible error and affirmed Moore’s convictions and sentence. View "Moore v. Georgia" on Justia Law

Appellants Tyree Tabor and Donny Spear were tried together and convicted of malice murder and other offenses in connection with the 2016 shooting death of Nicholas Miller. Although the defendants raised different contentions on appeal, their appeals were consolidated for purposes of issuing an opinion. Tabor contended his trial counsel provided constitutionally ineffective assistance. Spear contended his trial counsel provided constitutionally ineffective assistance and that the trial court abused its discretion by denying his motion for severance. Finding no reversible error in any of these contentions, the Georgia Supreme Court affirmed. View "Tabor v. Georgia" on Justia Law