Justia Georgia Supreme Court Opinion Summaries

Jeffrey Peacock was convicted of five counts of malice murder and other crimes related to the shooting deaths of Jonathan Edwards, Jr., Alecia Norman, Reid Williams, Jones Pidcock, and Jordan Croft; the burning of their home; and the killing of three dogs. On appeal, he contended: (1) the evidence presented at trial was insufficient to sustain his convictions for malice murder and the associated possession of a firearm during the commission of a felony; (2) the trial court erred in denying his motion to suppress evidence found during the search of his truck; (3) his trial counsel provided ineffective assistance by failing to seek to suppress his statements to a GBI agent who allegedly provided him a hope of benefit in violation of OCGA § 24-8-824; and (4) his cruelty-to-animals convictions and sentences should have been for misdemeanors rather than felonies based on the rule of lenity. Finding no reversible error, the Georgia Supreme Court affirmed. View "Peacock v. Georgia" on Justia Law

Appellant Ylarrio Garcia-Jarquin was convicted by jury of malice murder, aggravated assault, and possession of a firearm during the commission of a felony in connection with the shooting death of Edel Mendoza and the aggravated assault of Miguel Canil. Appellant claimed the evidence presented at trial was insufficient to support his conviction for the aggravated assault of Canil. Finding no reversible error, the Georgia Supreme Court affirmed. View "Garcia-Jarquin v. Georgia" on Justia Law

Jaquavious Reed appealed his conviction for murder and other charges in connection with the death of Antwan Curry. On appeal, Reed argued: (1) the evidence was insufficient to support his convictions; (2) he was denied due process due to an inordinate delay in the appellate process; (3) he was denied the right to be present at every critical stage of the trial when the trial court conferred with counsel at 26 bench conferences; (4) the Fulton County District Attorney’s Office (the “DA’s office”) should have been disqualified because his attorney of record was employed by the DA’s office at the time of trial; (5) he was denied due process when the State failed to preserve a true and correct copy of the full trial transcript including the bench conferences; (6) he was denied the right to effectively confront his accusers when the State failed to turn over exculpatory Crime Stoppers reports in violation of Brady v. Maryland, 373 U.S. 83, 87 (1963); (7) the trial court committed reversible error by refusing his request for a continuance to allow time to investigate a “surprise witness” presented by the State; (8) he received ineffective assistance of counsel with regard to the bench conferences, the incomplete transcript, and his trial counsel’s failure to object to the “presumption of truthfulness” jury charge; and (9) the trial court erred in sentencing him for both murder and felony murder. Although the Georgia Supreme Court agreed with Reed that the trial court erred in imposing his sentence and it vacated his conviction for felony murder and remand for resentencing, the Supreme Court otherwise affirmed. View "Reed v. Georgia" on Justia Law

Eric Wheeler appealed his convictions for murder, aggravated assault, and other crimes arising from the 2003 fatal shooting of Sonya Corbett and non-fatal shooting of Albert Carter. Wheeler’s sole contention of error was that the trial court should have suppressed evidence of a gun, an empty ammunition box, and bloody clothing that were seized as the result of an allegedly unconstitutional search. The Georgia Supreme Court determined any error was harmless, because Wheeler admitted shooting the victims. The Court thus affirmed his convictions. Wheeler’s sentence was vacated, however, because the Supreme Court noticed an issue as to two counts that the trial court purported to merge into other counts, but also entered sentences on those same counts. The matter was remanded for resentencing. View "Wheeler v. Georgia" on Justia Law

Aurie Bonner, III was convicted of murder in connection with the 2012 death of Christine Cook. On appeal, he contended his trial counsel rendered ineffective assistance. After review, the Georgia Supreme Court disagreed Bonner’s trial counsel rendered constitutionally ineffective assistance and affirmed his conviction and sentence. View "Bonner v. Georgia" on Justia Law

Marion Adkins, Jr. was convicted by jury of malice murder and other crimes in connection with the 2019 shooting death of Latisha Gresham. He appealed, contending that the circumstantial evidence presented at trial failed to exclude all other reasonable hypotheses, such as the commission of the crime by some unknown assailant or Gresham’s possible suicide, and was therefore insufficient to support his conviction. Adkins also argued that the trial court erred by not instructing the jury on “grave suspicion.” Finding no reversible error, the Georgia Supreme Court affirmed. View "Adkins v. Georgia" on Justia Law

Samuel Jones was convicted by jury of malice murder and other crimes in connection with the 2018 shooting death of Terrance Gibson. In consolidated cases, Jones argued on appeal that the trial court erred by refusing to charge the jury on voluntary manslaughter and that his trial counsel provided constitutionally ineffective assistance. The Georgia Supreme Court disagreed with both contentions and affirmed. View "Jones v. Georgia" on Justia Law

Riki Ray Albury was convicted of malice murder and other crimes in connection with the 2018 stabbing death of Ronald Roach. On appeal, Albury contended the trial court erred by failing to excuse two jurors for cause and by admitting a particular autopsy photograph into evidence, and that Albury’s trial counsel provided constitutionally ineffective assistance. Seeing no error, the Georgia Supreme Court affirmed. View "Albury v. Georgia" on Justia Law

Prior to his conviction for aggravated assault in this case, Turner Benton had been found guilty of three other felony offenses. However, for the first of those offenses, he was sentenced under Georgia’s First Offender Act and placed on probation. The Georgia Supreme Court granted Benton’s petition for a writ of certiorari in this case to consider whether his first-offender sentence became a “conviction” for purposes of OCGA § 17-10-7(c) when the record shows that his probation was revoked by the court multiple times, but where there was no adjudication of guilt. The Supreme Court found that for Benton’s first offense, the court’s revocation orders served only to revoke Benton’s probation, not his status as a first offender. Thus, upon the completion of his first-offender sentence, Benton was exonerated of the underlying offense by operation of law. The Supreme Court therefore determined that the trial court and the Court of Appeals erred in their determinations that Benton had been convicted of three felonies prior to his conviction in this case. Accordingly, the Supreme Court reversed the Court of Appeals and remanded this case with direction that Benton’s sentence be vacated and he be resentenced. View "Benton v. Georgia" on Justia Law

Santron Prickett appealed his conviction for felony murder and other charges in connection with the 2010 death of Antwan Curry. Prickett argued on appeal that the trial court erred in denying his motion for a new trial because: (1) he received ineffective assistance of trial counsel when his attorney failed to stipulate to his status as a felon, thereby tainting the jury with evidence of Prickett’s prior criminal conviction; (2) his constitutional right to be present at all critical stages of the trial was violated when the trial court conferred with counsel out of his presence 26 times during trial; and (3) the trial court failed to rebuke the prosecutor and declare a mistrial, or, in the alternative, give a curative instruction to the jury following defense counsel’s objection to an improper comment by the prosecutor during closing arguments. Because the Georgia Supreme Court determined the trial court erred in sentencing Prickett, it vacated his convictions and sentences and remanded the case for resentencing. The Court affirmed in all other respects. View "Prickett v. Georgia" on Justia Law