Justia Georgia Supreme Court Opinion Summaries

Articles Posted in Constitutional Law
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Brandon Terry-Hall, who pleaded guilty to felony murder and other offenses, appealed the denial of his motion for an out-of-time appeal. Terry-Hall: (1) argued counsel was ineffective for failing to appeal or move to withdraw his guilty plea; and (2) challenged the factual basis for his guilty plea in various ways. The Georgia Supreme Court determined Terry-Hall failed to raise below the ineffective assistance of counsel claims, and the challenge to the guilty plea itself was barred by the denial of his motion for an out-of-time appeal. View "Terry-Hall v. Georgia" on Justia Law

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Robert Ellis was convicted by jury of malice murder and other offenses in connection with the 2017 shooting death of Jeremy Little. Ellis contended on appeal of his convictions that the trial court erred by admitting into evidence his custodial statement, arguing that his statement was made while he was too intoxicated to waive his Miranda rights. Ellis also maintained his trial counsel was ineffective because she did not object when a State’s witness testified about what a surveillance video allegedly showed, which Ellis argued invaded the province of the jury. Finding no reversible error, the Georgia Supreme Court affirmed the judgment of conviction. View "Ellis v. Georgia" on Justia Law

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William Thornton appealed his convictions for malice murder, armed robbery, and possession of a knife during the commission of a felony in connection with the 2017 stabbing death of Jullisa Cooke. Thornton argued: (1) the evidence was insufficient to support his armed robbery conviction; (2) the trial court made evidentiary errors by admitting a 911 call and testimony regarding bloodstain pattern analysis; and (3) the trial court erred in denying his request for a continuance, made during trial, so he could attempt to access potentially exculpatory evidence on Cooke’s Facebook account. The Georgia Supreme Court affirmed, finding the evidence was sufficient for the jury to conclude that Thornton was guilty of armed robbery; the trial court’s evidentiary errors, if any, were harmless; and Thornton failed to establish that the trial court erred in denying his request for a continuance. View "Thornton v. Georgia" on Justia Law

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After Stephan Owens was convicted of felony murder and other crimes related to the shooting death of Richard Osadebe Egoegonwa, he was granted a new trial on the felony murder charge. The State appealed, and Owens cross-appealed. Because the Georgia Supreme Court found the trial court erred in granting a new trial on the ground that the verdicts as rendered were repugnant, that portion of the order granting the new trial was reversed. In Owens’s cross-appeal, the Supreme Court affirmed except to correct a sentencing error. View "Georgia v. Owens" on Justia Law

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Lenny Ozzylee Moss was found guilty at a bench trial of the malice murder of Tyisha Davis and for other offenses. Following the denial of his motion for new trial, Moss appealed, arguing that the Georgia Supreme Court should reverse his murder conviction because his trial counsel had a conflict of interest which prevented her from vigorously cross-examining a State witness she had previously represented in an unrelated criminal matter. Finding no reversible error, the Supreme Court affirmed. View "Moss v. Georgia" on Justia Law

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Santiago Williams appealed his convictions for the murders of Andrew Coleman and Martial “Montrell” Washington. His sole contention on appeal was that he was entitled to a new trial because the State’s key witness’s post-trial testimony amounts to newly discovered evidence. The Georgia Supreme Court disagreed and affirmed. View "Williams v. Georgia" on Justia Law

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Appellant Thomas Tiraboschi was convicted of malice murder in connection with the strangulation death of his cellmate, Chris Lowery, at the Augusta State Medical Prison. Appellant’s only claim on appeal was that the trial court erred by admitting evidence under OCGA 24-4-404 (b) relating to his prior convictions. The Georgia Supreme Court determined any error in admitting this evidence was harmless, so it affirmed. View "Tiraboschi v. Georgia" on Justia Law

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Appellant Re’Dayon Hughes challenged his 2019 convictions for felony murder and other crimes in connection with the shooting death of Dre’Landon Brown. Appellant contended: (1) the trial court erred by admitting evidence that he vandalized Marjorie Reed’s car; (2) his trial counsel was ineffective for failing to question Appellant about alleged prior difficulties with Dre’Landon and for failing to object to the admission of other prior difficulties evidence; (3) the cumulative prejudice of these errors requires a new trial; and (4) that the trial court erroneously considered Appellant’s failure to retreat in denying his pretrial motion for immunity. Finding no reversible error, the Georgia Supreme Court affirmed. View "Hughes v. Georgia" on Justia Law

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Rodney Young was convicted by jury for the murder of Gary Jones. The jury declined in its guilt/innocence phase verdict to find him “mentally retarded.” At the conclusion of the sentencing phase, the jury found multiple statutory aggravating circumstances and sentenced Young to death for the murder. Appeal to the Georgia Supreme Court was automatic. Young raised a number of arguments to challenge his conviction, but finding no reversible error, the Supreme Court affirmed his conviction and sentence. View "Young v. Georgia" on Justia Law

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In 2005, Kelvin Gilliam was jointly tried with Frederick Terrell and Michael Stinchcomb on an indictment charging them with one count of murder, one count of felony murder, multiple counts of aggravated assault, and related firearms charges. The jury found only Terrell guilty of murder, among other charges, but found Gilliam and Stinchcomb guilty of multiple counts of aggravated assault. The trial court sentenced Gilliam to serve a total of ten years in prison, and Gilliam timely filed a motion for new trial. For unapparent reasons, that motion languished for years, until Gilliam filed an amended motion for new trial in May 2019, adopting all of the grounds set out in Terrell’s amended motion for new trial. The trial court denied Terrell’s and Gilliam’s motions, and both defendants filed a timely notice of appeal to the Georgia Supreme Court. Because the Supreme Court determined it did not have jurisdiction over Gilliam’s appeal, it transferred this case to the Court of Appeals for further proceedings. View "Gilliam v. Georgia" on Justia Law