Justia Georgia Supreme Court Opinion Summaries

Derrico Thomas was convicted by jury of malice murder and possession of a firearm during the commission of a felony, stemming from the shooting death of Orlando Young. Thomas argued: (1) the trial court erred in admitting evidence of a prior shooting and his aggravated battery conviction that flowed from it; and (2) he was deprived of his right to testify due to the ineffective assistance of counsel. The Georgia Supreme Court concluded that although the trial court erred in admitting the evidence of the prior shooting, it was highly probable that the error in admitting the evidence about the shooting did not contribute to the verdict. And the Supreme Court concluded Thomas did not met his burden to show that trial counsel was constitutionally ineffective. The Court therefore affirmed Thomas’s convictions. View "Thomas v. Georgia" on Justia Law

In 2011, Didrekeus Lewis was convicted by jury of malice murder and other crimes for the shooting death of Marvin Printup. Lewis argued on appeal: (1) the evidence was insufficient to support his convictions; (2) the trial court erred when it denied Lewis’s motion to suppress evidence that Yvette Varner identified a man in a photo lineup as “Weasel”; (3) the trial court erred when it denied Lewis’s motion for mistrial made after a detective summarized a pre-trial statement from a witness, Abdul Aziz, that the trial court had ruled was inadmissible before trial; (4) the trial court erred by denying Lewis’s motion to suppress evidence that Aziz identified a man in a photograph as “Weasel”; and (5) that Lewis received ineffective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed Lewis' convictions. View "Lewis v. Georgia" on Justia Law

Erik Albert Williams, Jr. was convicted by jury of malice murder and other crimes in connection with the shooting death of Deangelo Hudgins and the shooting of Albert Gilbert. On appeal, Williams argued: (1) the evidence presented at trial was insufficient as a matter of due process to support his convictions; (2) the trial court erred by failing to grant a new trial when Williams’s accomplice’s guilty plea was admitted into evidence and used substantively against him; and (3) that the trial court abused its discretion by determining that his constitutional right to a speedy trial was not violated. Finding no reversible error, the Georgia Supreme Court affirmed Williams' convictions. View "Williams v. Georgia" on Justia Law

The State appealed a trial court’s suppression of custodial statements 16-year-old Jeffrey Burton made during a video-taped interview with law enforcement officers who had arrested Burton for the murder of George Akins, Jr. The State contended the trial court erred in concluding that Burton clearly, unequivocally, and unambiguously invoked his right to remain silent and that the State failed to show that Burton knowingly and voluntarily waived his rights under Miranda v. Arizona, 384 U.S. 436 (1966). The Georgia Supreme Court did not decide whether the trial court erred in concluding that Burton clearly invoked his right to remain silent. However, it did conclude that the trial court did not err in ruling that the State failed to meet its burden of showing that Burton knowingly and voluntarily waived his Miranda rights: a ruling that was supported by factual and credibility findings that were not clearly erroneous. The Supreme Court therefore affirmed. View "Georgia v. Burton" on Justia Law

In 2016, William Downer was found guilty of felony murder, armed robbery, and other crimes in connection with the death of Michael Hill following a bench trial. On appeal, Downer argued: (1) the evidence was insufficient to sustain his convictions; (2) his custodial statements should have been suppressed; (3) the trial court erred in admitting hearsay statements through two witnesses; (4) the State withheld exculpatory evidence; and (5) the trial court erred in denying his post-trial motion for DNA testing. Finding no reversible error, the Georgia Supreme Court affirmed Downer's convictions. View "Downer v. Georgia" on Justia Law

Luis Torres was found guilty of the felony murder of Dennis Bryant and other offenses at a bench trial. Torres appealed, arguing that the evidence presented at trial was insufficient as a matter of Georgia law to sustain his convictions, that the trial court erred by denying his motion to suppress statements he made to the police, and that double jeopardy barred his re-trial after he had previously been acquitted by a jury of some offenses arising from the events surrounding Bryant’s death. Finding no reversible error, the Georgia Supreme Court affirmed Torres' convictions. View "Torres v. Georgia" on Justia Law

Brandon Warren was convicted by jury of malice murder and other offenses in connection with killing Samuel Poss and hiding his body. On appeal, Warren contended that his trial counsel gave ineffective assistance for failing to object when the prosecutor argued during closing that the State’s burden of proof “beyond a reasonable doubt” did not require “mathematical certainty” like “95 percent [or] 85 percent,” and for failing to give Warren adequate advice about the risks of testifying. The Georgia Supreme Court concluded Warren did not establish a reasonable likelihood that the outcome of his trial would have been different if his counsel had objected to the prosecutor’s remark, given the strong evidence against him. "And he has not shown that trial counsel’s advice to Warren about his right to testify, which included explaining the pros and cons of testifying and telling him the decision was his to make, fell outside the wide range of reasonable professional conduct." So the Court affirmed Warren’s convictions. View "Warren v. Georgia" on Justia Law

Appellant Carl Jones was convicted of felony murder and other crimes in connection with the 2015 shooting death of John Jones. On appeal, Appellant contended the trial court: (1) erred in denying his motion to suppress certain evidence collected from his back yard; (2) abused its discretion in failing to properly question and remove a juror who disclosed mid-trial that she went to school with one of the witnesses; (3) erred by refusing to permit Appellant to cross-examine a witness about her pending criminal charge; and (4) that Appellant was entitled to a new trial due to the cumulative effect of multiple errors at trial. Finding no reversible error, the Georgia Supreme Court affirmed Appellant's convictions. View "Jones v. Georgia" on Justia Law

Appellee Terrell Brown and co-defendants Milton Rufus Hall and Andrew Dontavius Glass were indicted by grand jury with malice murder, felony murder, aggravated assault, armed robbery, aggravated battery, and possession of a firearm during the commission of a felony. The charges arose from the fatal shooting of Stacey Monts and the shooting of Mario Roscoe. Brown filed a pretrial motion for immunity from prosecution based on self-defense. Following a hearing on the motion, the trial court issued an order granting Brown immunity on most of the charges against him. The court’s ruling, however, omitted any reference to Count 6, which charged Brown and his co- defendants with committing an armed robbery by “tak[ing] a handgun” from Monts. On appeal, the State argues that the court’s failure to grant immunity on the armed-robbery charge conflicted with its grant of immunity on the other charges because, under OCGA § 16-3-21 (b) (2), a person could not be justified in using force while “attempting to commit, committing, or fleeing after the commission or attempted commission of a felony,” such as armed robbery. The Georgia Supreme Court concluded the State correctly identified a potential conflict within the trial court’s ruling. However, the record on appeal did not permit the Supreme Court to determine whether the trial court erred because it could not discern whether the court even ruled on whether Brown was entitled to immunity on Count 6, much less that the court denied Brown immunity on that count. Because the record on appeal was insufficient for meaningful appellate review, the judgment was vacated and the case remanded for further clarification and analysis. View "Georgia v. Brown" on Justia Law

Kashawn Mitchell was convicted by jury of malice murder and related offenses in connection with the shooting death of Jaron Acklin. Mitchell claimed the evidence presented at trial was insufficient to support his convictions, the trial court erred by admitting his custodial statements into evidence, and that the trial court erred during sentencing. Finding no reversible error, the Georgia Supreme Court affirmed. View "Mitchell v. Georgia" on Justia Law