Justia Georgia Supreme Court Opinion Summaries

LeMichael Tyson was convicted by jury of felony murder and cruelty to children in connection with the beating death of his girlfriend’s 22-month-old daughter, Kei’Mariona Bradley. The medical examiner concluded that Kei’Mariona’s death resulted from “significant traumatic injuries of the head,” normally seen in a car accident, a fall from a very significant height, or an assault. The evidence revealed Tyson was the last person to see the child unharmed and alive; as part of his defense, Tyson claimed that if someone hurt Kei'Mariona, it must have been Bradley. Tyson appealed his convictions, raising 11 enumerations of error. Taking each in turn, the Georgia Supreme Court found no reversible error, and affirmed Tyson's convictions. View "Tyson v. Georgia" on Justia Law

Jimmy Parrott was convicted for, among other things, fleeing or attempting to elude a police officer in violation of OCGA 40-6-395(b)(5). After his initial probationary sentence for that offense was deemed void, he was resentenced to five years in prison. Parrott appealed that resentencing, challenging the constitutionality of the sentencing provision of OCGA 40-6-395(b)(5) under the Equal Protection Clause. Parrott also contended his resentencing violated the constitutional prohibition on double jeopardy. After review of the trial court record, the Georgia Supreme Court found no reversible error and affirmed. View "Parrott v. Georgia" on Justia Law

Dabrentise Overstreet was convicted by jury of malice murder and other offenses in connection with the shooting death of Craigory Burch, Jr., the aggravated assault and armed robbery of Burch’s girlfriend, Jasmine Hendricks, and the aggravated assault of their son, C. B., a minor. On appeal, Overstreet argued: (1) the evidence presented at trial was insufficient to support his convictions for malice murder and violations of the Georgia Street Gang Terrorism and Prevention Act (the “Gang Act”); (2) the trial court abused its discretion by admitting certain evidence of a prior conviction and guilty plea; and (3) his trial counsel provided ineffective assistance by failing to move for a change of venue. After review of the trial court record, the Georgia Supreme Court found no reversible error and affirmed. View "Overstreet v. Georgia" on Justia Law

Jalin Collins, Percy Burdine, and Brandon Love were tried together and convicted of murder and other offenses in connection with the shooting death of Milton Kelley. Although they raised different contentions on appeal, the co-defendants' appeals were consolidated for purposes of issuing an opinion. Burdine contended: the evidence was insufficient to sustain his convictions; the trial court erred by denying his motion for a separate trial, by improperly modifying a pattern jury instruction, by failing to properly address a question the jury asked during deliberations, and by sentencing him based on an inconsistent verdict; and that his trial counsel provided constitutionally ineffective assistance. Collins contended the trial court committed plain error by giving the jury an inapplicable instruction on the definition of “accomplice” and that his trial counsel provided constitutionally ineffective assistance. Love contended the trial court erred by denying his request for a jury instruction on voluntary manslaughter. Finding no reversible error in any case, the Georgia Supreme Court affirmed. View "Collins v. Georgia" on Justia Law

This appeal arose from the grant of a petition for habeas corpus filed by Steven Bryant in connection with his 2015 conviction for aggravated sexual battery. In granting Bryant’s petition, the habeas court ruled that Bryant’s appellate counsel had rendered ineffective assistance by failing to properly assert several instances of trial counsel ineffectiveness, failing to properly present certain claims of trial court error, and failing to pursue relief for the violation of Bryant’s right to conflict-free counsel under Garland v. Georgia, 657 SE2d 842 (2008). The Warden contended the habeas court erred, both in its substantive rulings and by granting relief on grounds not asserted by Bryant. The Georgia Supreme Court agreed with the Warden that the habeas court erred in its rulings. Accordingly, judgment was reversed. View "Emmons v. Bryant" on Justia Law

Cathy Mixon sued the Georgia Department of Transportation (“GDOT,” or “the State”), claiming nuisance and inverse condemnation based on alleged flooding on her property following a road-widening project. Mixon claimed GDOT’s failure to maintain its storm water drainage systems resulted in regular flooding, drainage, and erosion problems “within and around” her property. Her complaint sought “just and adequate compensation” for the alleged taking, other money damages, attorney fees, and a permanent injunction “to prevent future nuisance and continual trespass[.]” GDOT moved to dismiss, which the trial court granted in part and denied in part. In particular, the trial court dismissed any claims arising from professional negligence (due to the lack of an expert affidavit, as required by OCGA 9-11-9.1) and any claims arising more than four years prior to the filing of the complaint (due to the applicable statute of limitations). The trial court otherwise denied GDOT’s motion. Among other things, the trial court rejected GDOT’s argument that sovereign immunity barred Mixon’s claims. The Court of Appeals granted GDOT’s application for interlocutory appeal and then affirmed, holding in relevant part that the trial court did not err in ruling that sovereign immunity is waived for Mixon’s claims for damages and injunctive relief. The Georgia Supreme Court affirmed: because Mixon’s claim for injunctive relief ... fell into at least one of the two categories of situations in which the Just Compensation Provision acted as a waiver of sovereign immunity for injunctive relief. View "Dept. of Transportation v. Mixon" on Justia Law

Austin McIntyre was convicted of felony murder and conspiracy to commit armed robbery in connection with the shooting death of Willie Thomas. Appellant claimed on appeal: (1) the evidence presented at his trial was insufficient to support his convictions; (2) the trial court erred by failing to charge the jury on voluntary manslaughter; and (3) that he was denied constitutionally effective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed Appellant's convictions. View "McIntyre v. Georgia" on Justia Law

Nashea Poole was convicted by jury of felony murder and related offenses in connection with crimes committed against Jordan and Chad Collins. The Collins brothers were at their sister's home where they were visited by Clarissa McGhee and Poole, whom Jordan had met through the “Plenty of Fish” dating website. After approximately an hour, Jordan decided to take the women to his house and prepared to leave. Shortly thereafter, Chad heard the back screen door slam, followed by a commotion. Chad then heard a gunshot and ran outside, where he saw Jordan lying on the patio. Chad was then shot several times. He made his way to the garage, where he found McGhee. Chad yelled at McGhee and began chasing McGhee, who pulled out a gun, pointed it at Chad, and then fled. Chad survived, but Jordan died of his wounds. McGhee, who pled guilty to aggravated assault, testified for the State, implicating Poole as a gang member, and for participating in the plot to "lure 'johns' under the pretense of prostitution services, for the purpose of robbing [the victim]." Poole raised numerous claims alleging that the evidence presented at trial was insufficient to support her convictions. Finding no reversible error, the Georgia Supreme Court affirmed. View "Poole v. Georgia" on Justia Law

Daniel Anglin appealed his convictions for malice murder and other crimes in connection with the 2016 shooting death of Chad Ruark. Anglin argued the trial evidence was insufficient to support his convictions; the trial court erred in handling an untimely disclosure that someone else purportedly confessed to killing Ruark; trial counsel was ineffective for failing to object to a lay witness’ scientific conclusions; and the cumulative effect of these errors prejudiced him. The Georgia Supreme Court affirmed, finding the evidence was sufficient to authorize a jury to conclude that Anglin was guilty; Anglin did not show the untimely disclosure prejudiced him; trial counsel was not ineffective for failing to object to the witness’s testimony because it was not based on scientific training or other specialized knowledge; and there were no errors to consider cumulatively. View "Anglin v. Georgia" on Justia Law

Brantley Washington and his co-defendants, Chrishon Siders and Haleem Graham, were convicted of malice murder, first degree burglary, and other crimes in connection with the 2016 shooting death of Seine Jackson. Washington appealed, arguing the trial court erred in admitting hotel surveillance videos from the day before and the day of the crimes, along with the opinion testimony of two detectives describing the surveillance videos and a dashcam video recording of a traffic stop taken on the night of the crimes. Washington also claimed he received ineffective assistance of counsel when his trial counsel failed to object to that evidence. Finding no reversible error, the Georgia Supreme Court affirmed Washington's convictions. View "Washington v. Georgia" on Justia Law