Justia Georgia Supreme Court Opinion Summaries

At a 2014 jury trial, John “Shug” Johnson was found guilty of malice murder and other offenses in connection with the shooting death of Brandon Scott. Johnson’s motion for new trial was granted on the basis of plain error in the jury instructions, and the Georgia Supreme Court affirmed that order. Upon return of the case to the trial court, Johnson filed a plea in bar, asserting that the evidence presented in the original trial was insufficient to support his conviction. The Supreme Court concluded the trial court did not err in denying his plea in bar, though on different grounds. The Court nonetheless affirmed the trial court's denying Johnson's plea in bar. View "Johnson v. Georgia" on Justia Law

Appellant Chanze McGarity was convicted of malice murder and other crimes in connection with the 2013 shooting death of James Hendon. On appeal, Appellant contended the trial court erred by: (1) limiting Appellant’s cross-examination of certain witnesses concerning their prior convictions; (2) allowing a law enforcement officer to offer testimony regarding certain witnesses’ prior consistent statements; and (3) permitting a witness to testify after refreshing her recollection with a document that was not provided to the defense before trial. After review of the trial court record, the Georgia Supreme Court concluded that while the trial court improperly admitted the prior consistent statements of three witnesses, such error required reversal of Appellant’s convictions on only two counts. View "McGarity v. Georgia" on Justia Law

In 2017, a grand jury indicted Ryan Duke for malice murder and related offenses in connection with the October 2005 death of Tara Grinstead. For approximately 17 months, Duke was represented by a public defender from the Tifton Judicial Circuit’s Public Defender’s Office. Then, in August 2018, Duke’s public defender withdrew from representation and John Merchant and Ashleigh Merchant filed an entry of appearance, indicating that they were representing Duke pro bono. The Georgia Supreme Court granted interlocutory review in this case to determine whether the trial court erred in determining whether Duke had neither a statutory right under the Indigent Defense Act of 2003, nor a constitutional right to state-funded experts and investigators needed to prepare a defense, notwithstanding private counsel as his representation. Contrary to the trial court’s conclusion, the Supreme Court found the IDA allowed an indigent defendant to obtain such ancillary defense services through a contract between pro bono counsel and either the Georgia Public Defender Council (“GPDC”) or the appropriate circuit public defender. Consequently, the Supreme Court reversed the judgment of the trial court in part, and remanded for further proceedings. View "Duke v. Georgia" on Justia Law

Jermontae Moss was convicted of felony murder, possession of a firearm during the commission of a crime, and theft by receiving stolen property in connection with the 2011 shooting death of Jose Marin. At the time of the crime, Moss was 17 years old and sentenced to life without the possibility of parole. On appeal, he contended he received ineffective assistance of trial counsel, and that the court erred in imposing that sentence. Finding no merit to either contention, the Georgia Supreme Court affirmed Moss' conviction and sentence. View "Moss v. Georgia" on Justia Law

Christopher Pender and Christopher Whitaker were found by jury guilty of felony murder and other offenses in connection with the shooting death of David Scott and the assault of Eric Morris. In his appeal, Pender argued: (1) the evidence presented at trial was insufficient to support the jury’s verdict on a count of theft by receiving; (2) the trial court erred by admitting statements from non-testifying co-defendants in violation of Bruton v. United States, 391 U. S. 123 (1968); (3) his trial counsel’s failure to make certain objections under Bruton constituted ineffective assistance of counsel; and (4) that the trial court erred by admitting certain other evidence. Whitaker argued: (1) in ruling on his motion for new trial on the “general grounds” set forth in OCGA sections 5-5-20 and 5-5-21, the trial court deprived him of his right against self-incrimination by holding against him that he did not testify and by citing inadmissible character evidence. Finding no reversible error in either defendant's case, the Georgia Supreme Court affirmed. View "Pender v. Georgia" on Justia Law

In 2016, a second jury found Hemy Neuman guilty of the malice murder of Russell Sneiderman, and possession of a firearm during the commission of a felony. Neuman’s 2012 convictions were reversed by the Georgia Supreme Court following his because the State had improper access to privileged notes and records of Neuman’s mental health experts during preparation of the State’s case. Neuman appealed his convictions from his second trial, arguing that because the first jury returned a verdict of guilty but mentally ill on the malice murder count, the second jury was collaterally estopped from returning a guilty verdict that did not include a finding of mental illness on that count. Neuman further contended the District Attorney’s Office for the Stone Mountain Judicial Circuit should have been disqualified from representing the State in his second trial because the office had access to the privileged information that resulted in the reversal of his first convictions. He also alleged the trial court erroneously limited his counsel’s examination of two defense witnesses. Finally, Neuman argued that, to the extent his trial counsel did not preserve objections during examination of these witnesses, such failure was ineffective assistance of counsel. Finding no reversible error in the second trial record, the Supreme Court affirmed Neuman's convictions. View "Neuman v. Georgia" on Justia Law

Dan Toni Swinson appealed his convictions on two counts of malice murder in connection with the shooting deaths of Heber Jettie Bennett, Jr., and Eliace Marie Smith. On appeal, Swinson contended: (1) the evidence was insufficient to support his convictions; (2) the trial court erred in denying his motion to suppress evidence obtained from a search warrant for his cell phone records, which was based, in part, on a warrantless request for cell site information under the Stored Communications Act; and (3) that the trial court erred in denying his motion for a mistrial after a witness testified about his incarceration on an unrelated charge. Swinson also claimed he received ineffective assistance of counsel on a number of grounds. Finding no reversible error, the Georgia Supreme Court affirmed Swinson's convictions. View "Swinson v. Georgia" on Justia Law

William Gaddy was convicted of felony murder and related crimes in connection with the death of Addisyn Sanders, the two- year-old daughter of Gaddy’s girlfriend, Tiffany Harris. Gaddy generally watched Addisyn while Harris was at work during the day. Gaddy, Harris, and Addisyn moved in with Gaddy’s grandmother. Gaddy’s ten-year-old brother, C. F., who often visited, was playing video games in one of the home’s bedrooms while Gaddy and Addisyn watched television in the living room. C. F. heard Addisyn crying while she said “no” and “stop” just before there were three thumps that sounded like a head banging against a wall. Then, C. F. saw Gaddy carry Addisyn’s limp body to another bedroom and leave her there. On appeal, Gaddy argued the trial court erred in denying his motion to suppress his custodial statement. After review of the trial court record, the Georgia Supreme Court found no reversible error and affirmed Gaddy's convictions. View "Gaddy v. Georgia" on Justia Law

Liubov Volkova appealed her conviction for the murder of her husband, Jordan Whitson. Volkova called police to inform them her husband had been shot. When police arrived, Volkova led them to Whitson’s body, which was lying at the bottom of a set of stairs. One shell casing was found near the body, and there was blood on Whitson’s hands and blood spatter up the stairs. Whitson had been shot through his right cheek, and the bullet lodged in his head, leading to his death. The handgun that caused Whitson’s death was found on a table in the master bedroom, where Volkova had placed it. On appeal, Volkova contended the trial court erred by failing to properly instruct the jury on how to consider a particular statement she made to police and that her trial counsel provided constitutionally ineffective assistance. Finding no reversible error, the Georgia Supreme Court affirmed Volkova's conviction. View "Volkova v. Georgia" on Justia Law

Appellant Sacorey McKelvey was convicted of murder and other crimes in connection with the shooting death of Corey Owens. On appeal, McKelvey contended: (1) the evidence presented at trial was insufficient to support his convictions; (2) the trial court erred by admitting into evidence his 2009 convictions for terroristic threats; (3) the trial court erred in striking two potential jurors for cause; and (4) that his trial counsel rendered constitutionally ineffective assistance by failing to call two alibi witnesses. Finding no reversible error, the Georgia Supreme Court affirmed McKelvey's convictions. View "McKelvey v. Georgia" on Justia Law