Justia Georgia Supreme Court Opinion Summaries

Appellant Deanna Roberts pled guilty in federal court to a crime relating to the theft of a medical product, liquid silicone, that Roberts injected into the buttocks of Lateasha Hall, resulting in Hall’s death. When she was later indicted for state crimes arising from Hall’s death, including malice murder, Roberts filed a plea of statutory double jeopardy in superior court, contending that under OCGA 16-1-8 (c), her conviction in federal court barred the state prosecution for all crimes except malice murder. The trial court rejected that claim, and Roberts filed a direct appeal to the Georgia Supreme Court. Because one of the statutory requirements for the section 16-1-8 (c) bar to apply was not satisfied here, the Supreme Court affirmed the trial court’s denial of Roberts’s plea in bar. View "Roberts v. Georgia" on Justia Law

Deontae Tremayne Brooks was convicted of malice murder, aggravated assault, and possession of a firearm by a convicted felon, in connection with the shooting death of Branden “Big B” Tinch and the aggravated assault of Lenard Gay. Brooks was sentenced to life without the possibility of parole. He appealed, arguing: (1) the insufficiency of the evidence to support his conviction under OCGA 16-11-133 (b); (2) ineffective assistance of counsel; and (3) trial court error in failing to grant his motion for mistrial. After review, the Georgia Supreme Court reversed Brooks’ conviction under OCGA § 16-11-133 (b), affirmed his convictions for malice murder and the aggravated assault of Gay, and remanded the case to the trial court with direction to enter a judgment of conviction and sentence on the guilty verdicts for possession of a firearm during the commission of a felony and possession of a firearm by a convicted felon under OCGA 16-11- 131, which the trial court originally merged into the conviction under OCGA 16-11-133 (b). View "Brooks v. Georgia" on Justia Law

Dexter Anderson was convicted by jury of the felony murder of his girlfriend, Charlotta Marie Lockhart, and for possessing a firearm during the commission of a felony. On appeal, Anderson contended, among other things: (1) that the evidence was insufficient to support his conviction for felony murder; (2) that he received an incomplete transcript of his trial proceedings; (3) that trial counsel was constitutionally ineffective; and (4) that the trial court erred by failing to charge the jury on the offense of possession of a firearm during the commission of a felony. Finding no reversible error, the Georgia Supreme Court affirmed. View "Anderson v. Georgia" on Justia Law

Ki Song Kim appealed his convictions for murder and other offenses in connection with the stabbing deaths of Young Chan Choi and Sun Hee Choi. In his sole enumeration of error, Kim claimed that the evidence presented at trial was insufficient to support his convictions. After review, the Georgia Supreme Court concluded the evidence was sufficient to sustain Kim’s convictions. However, the Court also concluded it had to vacate Kim’s sentences as to Counts 9 and 10 of his indictment in order to correct sentencing errors that harmed Kim. View "Kim v. Georgia" on Justia Law

Kyle Diamond Luke Perry pleaded guilty to the murder of Jeremias Ortiz and other crimes. The trial court accepted Perry’s plea and imposed sentence, including a sentence of imprisonment for life for the murder. Several years later, Perry filed a motion for an out-of-time appeal, which the trial court granted. Perry then filed a timely notice of appeal, and before the Georgia Supreme Court, he claimed his plea was not entered freely and voluntarily. Finding no error, the Supreme Court affirmed. View "Perry v. Georgia" on Justia Law

Robert Harris was convicted of malice murder and other offenses in connection with the fatal shooting of Kenneth Roberts and the assault of five other men. Harris was jointly indicted and tried with co-defendants Marcus Battle and Jacobey Carter. The Georgia Supreme Court affirmed Battle’s and Carter’s convictions in Battle v. Georgia, 804 SE2d 46 (2017). Here, Harris argued: (1) his trial counsel rendered constitutionally ineffective assistance for failing to object to certain testimony from the investigating detective, (2) his motion-for-new trial counsel was constitutionally ineffective for failing to raise a "Brady" claim and in not asserting a due process violation because Harris’s conviction rests, in part, on false evidence. Harris also argued (3) the trial court abused its discretion in denying his motion for continuance and committed a merger error at sentencing. Although the Supreme Court concluded the trial court erred in sentencing Harris for aggravated assault under Count 5, it otherwise affirmed. View "Harris v. Georgia" on Justia Law

James Rashad Clay was convicted by jury. Acting pro se, he appealed his convictions for malice murder and related offenses in connection with crimes committed against Rashonda Patterson and Joseph Emener. On appeal, Clay claimed numerous errors, but finding no reversible one, the Georgia Supreme Court affirmed his convictions. View "Clay v. Georgia" on Justia Law

Victor Hodges was convicted by jury of malice murder, robbery, and other offenses in connection with the death of Julie Mae Simpson. On appeal, Hodges contended only that the trial court employed an incorrect legal standard when it denied his motion for new trial on the general grounds. Finding no such error, the Georgia Supreme Court affirmed. View "Hodges v. Georgia" on Justia Law

Tiquonda Raenell Campbell-Williams appeals her convictions for felony murder and aggravated assault in connection with the death of her boyfriend, Tyress Malcome. On appeal, Campbell-Williams argued the trial court committed plain error by failing to instruct the jury on proximate or intervening cause, and that her trial counsel provided ineffective assistance by not requesting these charges. Campbell-Williams also argued the trial court erred by admitting a deceased witness’s statements under OCGA 24-8-807. The Georgia Supreme Court affirmed, finding the trial court did not commit plain error in failing to give the jury charges, Campbell-Williams did not receive ineffective assistance of counsel at trial, and the trial court did not abuse its discretion by admitting the witness’s statements. View "Campbell-Williams v. Georgia" on Justia Law

Christopher Sanchious was tried by jury and found guilty of three counts of aggravated child molestation, two counts of child molestation, and one count each of aggravated sodomy and sexual battery involving his girlfriend’s 12-year-old daughter. This appeal centered Sanchious’s contention that certain expert testimony and an expert report were improperly admitted at his jury trial. Specifically, Sanchious argued the trial court abused its discretion by admitting the expert testimony of forensic biologist Karen Turpin, who testified about DNA analysis conducted by, and memorialized in a report written by, forensic biologist Dr. Tesheka Wortham, and by admitting Dr. Wortham’s written report. At trial, Turpin testified that she personally tested the victim’s sexual assault kit, which “failed to reveal the presence of male DNA,” but that Dr. Wortham, who did not testify at trial but whose report Turpin had “peer reviewed . . . [t]o ensure that the analyst ha[d] followed policies and procedures, and that the results [were] correct and reliable," tested the victim’s underwear and comforter, and that both items “contained [DNA] profiles . . . matching the profile[s] of [the victim] and . . . Sanchious.” When the State began to elicit testimony from Turpin about Dr. Wortham’s DNA report, Sanchious’s counsel objected on hearsay grounds. The Court overruled the hearsay objection and admitted the report. To this, the Georgia Supreme Court concurred, granting Sanchious’s writ of certiorari, vacating the Court of Appeals’s opinion, and remanding the case to the Court of Appeals for further proceedings. View "Sanchious v. Georgia" on Justia Law