Justia Georgia Supreme Court Opinion Summaries

Jessica Eubanks was convicted by jury of felony murder. Eubanks lived with her boyfriend, Shawn Hughes, and Shawn’s sister, Amy Hughes, who had severe developmental disabilities. Eubanks used heroin and methamphetamine and kept a large supply of heroin in the home. One evening when Shawn was out, Eubanks invited two people to the home to buy heroin. During the transaction, which she conducted in the main part of the home, some of the drug spilled “all over the place” and Eubanks tried to clean it up. Then she went out, leaving Amy home alone. The next morning Amy was found dead of heroin toxicity. Eubanks appealed. "Although Eubanks’s conviction tests the limits our felony-murder statute places on that offense," the Georgia Supreme Court concluded that based on precedent and the unusual facts of this case that the evidence was sufficient to authorize her conviction. "Eubanks’s possession of heroin with intent to distribute was dangerous to human life under the circumstances of this case because it was foreseeable that keeping a large amount of a deadly drug in a home where a highly vulnerable person lived, and engaging in drug transactions in areas that person could freely access, could lead to that person being fatally exposed to the drug." Finding no other reversible error, the Supreme Court affirmed the judgment of conviction. View "Eubanks v. Georgia" on Justia Law

Deveric Hardy was convicted of malice murder for the November 2016 shooting death of Kyree Smith. He appealed that conviction, arguing that his trial counsel provided constitutionally ineffective assistance by failing to introduce evidence that Smith had a violent character and by failing to request a jury instruction on accomplice corroboration. Finding no reversible error, the Georgia Supreme Court affirmed Hardy's judgment of conviction. View "Hardy v. Georgia" on Justia Law

Cortney Bell was convicted by jury of second degree murder, second degree cruelty to children, and felony contributing to the dependency of a minor in connection with the death of her infant daughter, Caliyah. The Court of Appeals reversed Bell’s convictions for second degree murder and cruelty to children on appeal, concluding that the evidence was insufficient to support those charges. It affirmed her conviction for felony contributing to the dependency of a minor, and the Georgia Supreme Court granted certiorari to determine whether the Court of Appeals erred in holding that the evidence was legally sufficient to support Bell’s conviction on that charge. Because the Supreme Court concluded, based on the facts of this case, that the evidence was insufficient to authorize a jury to conclude that Caliyah’s death was proximately caused by Bell’s conduct as alleged in the indictment, it reversed the judgment of the Court of Appeals. View "Bell v. Georgia" on Justia Law

Appellant Reginald Maynor appealed his convictions for felony murder predicated on aggravated assault and other crimes related to the 2015 shooting death of Marti Stegall, Sr. This case stemmed from f a romantic affair involving two couples residing in the Trestle Tree Village Apartments. The conflict caused by this affair ultimately resulted in Appellant shooting and killing Stegall during a neighborhood Fourth of July celebration. At trial, Appellant admitted that he shot Stegall but claimed that he did so in self-defense. On appeal, Appellant argued the evidence was insufficient as a matter of constitutional and statutory law to disprove his claim of self-defense. Appellant also contended he received ineffective assistance of counsel because his trial counsel failed to effectively cross-examine a witness and failed to move for a mistrial when the trial evidence did not substantiate a factual claim made by the prosecutor in his opening statement. Appellant also asked that the Georgia Supreme Court consider the prejudicial effect of trial counsel’s errors cumulatively. Finding no reversible error, the Georgia Supreme Court affirmed. View "Maynor v. Georgia" on Justia Law

Javion Caldwell was charged with: felony murder predicated on aggravated assault (Count 1), felony murder predicated on possession of marijuana with intent to distribute (Count 2), aggravated assault (Count 3), and possession of marijuana with intent to distribute (Count 4). These charges arose in connection with the shooting death of Jaleen Harrell during a drug deal. Caldwell was found guilty of Counts 2 and 4 and not guilty of Counts 1 and 3. On appeal, Caldwell argued the trial court failed to charge the jury that it had to find that he shot Harrell with a handgun in order to find him guilty on Count 2. Caldwell alternatively argued that the jury’s verdicts on Counts 1, 2, and 3 were repugnant, because the jury’s verdicts on Counts 1 and 3 reflected a finding that he did not shoot Harrell, even as a party to the crime, which Caldwell argued also meant that it had to acquit him on Count 2. Finding no reversible error, the Georgia Supreme Court affirmed. View "Caldwell v. Georgia" on Justia Law

In 2020, Darnell Priester was convicted of malice murder, aggravated battery, and other crimes in connection with the shooting death of Thomas Robinson and the non-fatal shooting of Timothy Nelson. He appealed, arguing: (1) the evidence presented at trial was not sufficient to support them; (2) the trial court erred by denying him a new trial on the general grounds; and (3) the trial court committed plain error by not giving jury instructions related to justification and perjury. Priester also argued his trial counsel provided ineffective assistance by failing to object to the lack of jury instructions related to justification and perjury; failing to object to testimony that implicated Priester’s right to remain silent; failing to cross-examine Shane Godsey; requesting an instruction on the necessity of corroboration of accomplice testimony; failing to file a pretrial motion for immunity; and failing to object to narrative testimony, to “asked and answered” testimony, and to the prosecutor “testifying.” Finding no reversible error, the Georgia Supreme Court affirmed. View "Priester v. Georgia" on Justia Law

Antonio May died from injuries he sustained inside the Fulton County (Georgia) Jail while in the custody of the Fulton County Sheriff. The defendants, Aaron Cook, Jason Roache, Guito Dela Cruz, Omar Jackson, Kenesia Strowder, and William Whitaker, were employed as jailers by the Fulton County Sheriff and were on duty at the Jail when May died. The State alleged through indictments of the defendants for felony murder and other crimes the defendants beat, pepper sprayed, and repeatedly shocked May with an electronic taser, thereby causing his death. Claiming the pre-indictment protections afforded to “peace officers” under OCGA § 17-7-52, the defendants sought to quash their indictments on the basis that they did not receive preindictment notice and an opportunity to be heard. The trial court found that, while none of the defendants were empowered to make arrests, they were nevertheless charged with maintaining the public peace. To that end, the trial court reasoned that “within the community of over 3,000 inmates in the Fulton County Jail (which is accessible to the public in various controlled ways), detention officers are the maintainers of public order” in the event that “there is a fight in the mess hall over bad beans or a brawl in the common space over which channel the TV should be on[.]” On that basis, the trial court quashed the indictments. The State appealed. The Georgia Supreme Court concluded the trial court erred by finding that the defendants’ duty to control and supervise inmates within the jail constituted a duty to maintain the public peace. Accordingly, the judgments were reversed. View "Georgia v. Cook, et al." on Justia Law

Xavier Jones appealed his convictions for felony murder and other crimes in connection with the 2010 shooting death of Christopher Crumby. On appeal, Jones argued the trial court erred: (1) in not granting his motion for directed verdict at trial; (2) in not granting his motion for new trial on the general grounds; (3) by admitting a video recording of Jones’s interview in which Jones remained silent in response to some of the investigators’ questions and comments; (4) denying his motion for mistrial on that ground, and (5) by failing to meaningfully respond to a question submitted by the jury during deliberations. Jones also argued the evidence submitted at trial was insufficient to support his convictions. The Georgia Supreme Court vacated Jones' conviction for aggravated assault as it should have merged into his felony murder conviction. The Court affirmed Jones' convictions in all other respects. View "Jones v. Georgia" on Justia Law

Appellant Torry Bowman and his friend, Maurice Goodman, got into an argument in a bar with brothers Alec and Britian Price. They confronted the Price brothers again outside the bar, and Alec was shot and died as a result of his injuries. Bowman was convicted of malice murder and other crimes in connection with Alec’s death. On appeal, Bowman contended the trial court erred by: (1) instructing the jury on party to a crime, conspiracy, and provocation by words alone; and (2) failing to allow him to stipulate to his prior conviction to prove the required elements of Count 9 without stipulating that the conviction involved the possession or use of a firearm. He also argued that these errors, taken together, deprived him of a fair trial under Georgia v. Lane, 838 SE2d 808 (2020). Finding no reversible error, the Georgia Supreme Court affirmed. View "Bowman v. Georgia" on Justia Law

Appellant Torrey Kimbro was convicted of malice murder and rape in connection with the strangling death of Diamond Shepherd. On appeal, Kimbro contended the evidence presented at his trial was legally insufficient to support his convictions. He also claimed the trial court erred: by denying his motion for new trial on the “general grounds” set forth in OCGA §§ 5-5-20 and 5-5-21; by denying his motion for a continuance; by denying his motion to dismiss his indictment; by denying his motion for a mistrial; and by overruling his objections to certain statements that the prosecutor made during her closing argument. In addition, he claimed his trial counsel provided constitutionally ineffective assistance in several respects. Finding no reversible error, the Georgia Supreme Court affirmed. View "Kimbro v. Georgia" on Justia Law