Justia Georgia Supreme Court Opinion Summaries

Articles Posted in Constitutional Law
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Hassan Williams was killed on July 17, 2012. On February 7, 2013, a grand jury jointly indicted Alvin Davis, III, Chaquel Cook, Kimberly Williams, and Kiera Graham for malice murder, felony murder predicated on armed robbery and aggravated assault, armed robbery, aggravated assault, hijacking a motor vehicle, arson in the first degree, and cruelty to children in the first degree for committing the offenses of murder, armed robbery, aggravated assault, and arson in the presence of a child. Davis appealed the trial court’s denial of his motion for a new trial, arguing the evidence was insufficient to convict him on all charges and because he received ineffective assistance of counsel at trial. The Georgia Supreme Court determined that the evidence was sufficient to authorize a rational jury to find Davis guilty of the crimes for which he was convicted, and that Davis was not denied the effective assistance of counsel, thus affirming the trial court and Davis’ convictions. View "Davis v. Georgia" on Justia Law

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In 2005, Appellant Calvin Foster shot and killed his estranged wife, Daphne Foster (“Daphne”). He was tried and convicted of malice murder and a firearm offense in 2006, but the Georgia Supreme Court reversed the convictions in Foster v. State, 656 SE2d 838 (2008). In 2009, Appellant was retried and convicted of the same offenses. After long delays in post-trial proceedings, he appealed, arguing that there was insufficient evidence to support his convictions and that the trial court gave inconsistent jury instructions. Finding no reversible error this time, the Supreme Court affirmed. View "Foster v. Georgia" on Justia Law

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Rico Orlando Walker was convicted by jury for the 2006 murder of Steven Harley and other crimes. On appeal, he contended he received ineffective assistance of counsel. The Georgia Supreme Court concluded, after review of the trial court record, that Walker made no showing as to how he may have been prejudiced by his trial counsel’s alleged failures. Therefore, the Court affirmed his conviction. View "Walker v. Georgia" on Justia Law

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Appellant John Blackwell filed a pro se motion for out-of-time appeal approximately four years after the trial court denied a timely motion to withdraw his guilty plea to murder and crimes stemming from the murder. The trial court denied that motion summarily and without holding a hearing. As the Attorney General conceded, the Georgia Supreme Court was compelled to vacate the trial court’s order and remand the case for the trial court to hold a hearing to determine whether Blackwell was entitled to an out-of-time appeal due to the ineffective assistance of his motion-to-withdraw counsel. View "Blackwell v. Georgia" on Justia Law

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Joshua James Cox was convicted by jury of felony murder and possession of a firearm during the commission of a felony in connection with the shooting death of Terrell Clark. Cox appealed, arguing the evidence was insufficient to support his convictions; he was denied effective assistance of counsel; and that the trial court erred in denying Cox’s motion for mistrial, erred in admitting Cox’s custodial statement into evidence, and erred in denying Cox’s motion to excuse the jury pool. Finding no reversible error, the Georgia Supreme Court affirmed. View "Cox v. Georgia" on Justia Law

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Betty Jacobs was convicted by jury for the murder of her ex-husband, Davis Jacobs, and possession of a handgun during the commission of a crime. On appeal, she argued she received ineffective assistance of trial counsel. Finding no reversible error, the Georgia Supreme Court affirmed. View "Jacobs v. Georgia" on Justia Law

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Jamal Foreman was tried by jury and convicted of murder and other crimes in connection with the fatal shooting of Wreno Dantoine Fain. Foreman appealed, arguing the evidence was insufficient to sustain his convictions, he was denied due process when the State suppressed exculpatory evidence, and that he was denied the effective assistance of counsel when his lawyer failed to adequately investigate and present evidence to support an alternative theory of the crime. Finding no reversible error, the Georgia Supreme Court affirmed. View "Foreman v. Georgia" on Justia Law

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Corey Smith was convicted by jury for the murder of Patricia Burley. On appeal, he claimed the trial court erred in denying his motion for a new trial because he received constitutionally deficient assistance of trial counsel. The Georgia Supreme Court disagreed after review of the record, and affirmed Smith’s conviction. View "Smith v. Georgia" on Justia Law

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Tobias Daniels was tried by jury and convicted of malice murder and other crimes related to the 2015 shooting death of Mikell Wright and attempted robbery of Mikell’s brother, Rodregus Wright. Daniels argued on appeal the evidence was insufficient to sustain his conviction, and that the trial court erred in sustaining the State’s challenge to two of Daniels’s peremptory strikes and by failing to apply the rule of lenity in sentencing him for criminal attempt to commit armed robbery instead of aggravated assault. The Georgia Supreme Court concluded after review that the evidence was sufficient to support Daniels’s convictions, that the trial court did not commit reversible error in rejecting two of Daniels’s peremptory strikes, and that the trial court did not err in sentencing Daniels to attempted armed robbery instead of aggravated assault. View "Daniels v. Georgia" on Justia Law

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Defendant Calvin Glenn and co-defendant Delron Glenn were convicted of malice murder, armed robbery, and possession of a firearm during the commission of a felony in connection with the shooting death of John Tanner. On appeal, Calvin contended the evidence was insufficient to sustain his convictions, and that the trial court erred in denying his motion in limine to exclude certain identification evidence. The Georgia Supreme Court disagreed and affirmed Glenn’s convictions. View "Glenn v. Georgia" on Justia Law