Justia Georgia Supreme Court Opinion Summaries

On February 21, 2023, two employees of Rogers Mechanical, Richard Antoine and Wyman Lott, were involved in a violent incident in Fulton County while driving their company van, which was equipped with cameras. After a traffic altercation, a Dodge Charger driven by McKinley Johnson, with Antonio Spear as passenger, confronted the van. Johnson and Spear exited their vehicle; Johnson assaulted Antoine while Spear, armed with a firearm, threatened both Antoine and Lott. As the confrontation escalated, Spear struck Antoine with the gun and subsequently shot Antoine in the neck, leading to Antoine’s death. Johnson and Spear fled the scene, and no one in the Charger called 911. Evidence included video footage from the van and witness testimony.Following indictment by a Fulton County grand jury, Johnson was tried separately from his co-defendant. At trial in January 2024, a jury found Johnson guilty of malice murder, aggravated assault, battery, and possession of a firearm during commission of a felony. The Fulton County Superior Court sentenced Johnson to life with possibility of parole and additional concurrent sentences. Johnson’s motion for new trial was denied in June 2025, after which he filed a timely appeal.Reviewing the case, the Supreme Court of Georgia considered Johnson’s claims regarding sufficiency of the evidence, alleged improper statements by the State during opening and closing arguments, and the trial court’s denial of a motion for mistrial. The Court held that the evidence was sufficient for the jury to convict Johnson, and that the prosecutor’s arguments fell within permissible bounds, as supported by the evidence and witness testimony. The Court also found no abuse of discretion by the trial court regarding curative instructions or the denial of a mistrial. The Supreme Court of Georgia affirmed Johnson’s convictions and sentence. View "JOHNSON v. THE STATE" on Justia Law

The case arose from a fatal stabbing that occurred during a confrontation between two women, both of whom had been romantically involved with the same man. In the months preceding the incident, the defendant initiated interactions with the victim and her family, and at a party hosted by the mutual romantic partner, witnesses observed the defendant acting aggressively and making threats while in possession of a large kitchen knife. During an altercation at the party, the victim retrieved a pistol from her car and fired a shot into the air. The defendant then stabbed the victim in the chest with the knife, resulting in her death. The defendant asserted self-defense, claiming the victim was the initial aggressor.The Superior Court of Bibb County conducted a jury trial at which the defendant was acquitted of malice murder but convicted of felony murder predicated on aggravated assault. The defendant was sentenced to life imprisonment. Following the conviction, new counsel filed a motion for new trial, later amended, which the trial court denied. The defendant subsequently appealed.The Supreme Court of Georgia reviewed the case and affirmed the conviction and judgment. The court held that, viewing the evidence in the light most favorable to the verdict, a rational jury could have found the defendant guilty beyond a reasonable doubt and could have rejected her claim of self-defense. The court found no error in the trial court’s denial of a directed verdict of acquittal, nor did it find that trial counsel’s advice to the defendant not to testify was constitutionally deficient. The court also determined that any alleged error in admitting certain testimony was harmless, and that the challenged expert testimony did not violate statutory disclosure requirements. The judgment was affirmed. View "DIXON v. THE STATE" on Justia Law

Kimberly Westbrook was indicted for malice murder, two counts of felony murder, armed robbery, and aggravated assault after the stabbing death of Eric Eloi in a Chatham County hotel room in April 2021. The evidence presented at trial showed that Eloi had been stabbed 14 times, and Westbrook was found in possession of some of his personal belongings. Surveillance footage and bank records linked her to Eloi’s property and financial accounts after his death. Westbrook admitted to law enforcement that she killed Eloi and took his belongings, citing prior abuse and her belief that Eloi was about to rape her. She testified about a history of sexual and physical abuse by Eloi and presented expert testimony regarding trauma and battered person syndrome.A Chatham County jury acquitted Westbrook of felony murder predicated on armed robbery but convicted her of malice murder, armed robbery, and aggravated assault in October 2023. She was sentenced to life imprisonment for malice murder and a concurrent life sentence for armed robbery, with the aggravated assault count merging into the murder conviction. Westbrook moved for a new trial, challenging the trial court’s jury instructions on justification, specifically arguing that the court erred by not instructing the jury on justification for preventing aggravated assault with intent to rape or aggravated battery. The trial court denied her motion for a new trial.On appeal, the Supreme Court of Georgia reviewed Westbrook’s sole claim regarding the jury instructions. The Court assumed, without deciding, that the trial court erred by failing to give the requested instructions but found any error harmless. The Court concluded it was highly probable that the omission did not contribute to the verdict, given the weakness of the evidence supporting additional justification theories. Accordingly, the Supreme Court of Georgia affirmed the judgment of conviction. View "WESTBROOK v. THE STATE" on Justia Law

Deonte Norwood was convicted of malice murder and five counts of first-degree child cruelty following the stabbing death of Crystal Powell. The incident occurred on April 16, 2022, at Powell’s home, where five children were present: Powell’s three children and her cousin’s two sons. The evidence at trial included eyewitness accounts from the children, forensic interviews, text messages between Norwood and Powell about child support and visitation, and Norwood’s own videotaped confession to police. The children described witnessing the stabbing, hiding in fear, and experiencing significant emotional distress from seeing Powell’s body and the aftermath. Norwood later recanted his confession at trial and claimed Powell stabbed herself, but the medical examiner found no evidence of self-inflicted wounds.After a jury trial in the Superior Court of Walton County, Norwood was found guilty of all charges. The trial court sentenced him to life without parole for malice murder and consecutive twenty-year sentences for each child cruelty conviction. The felony murder counts were vacated, and the family violence assault and battery convictions were merged with malice murder. Norwood moved for a new trial, arguing insufficient evidence for child cruelty and that the trial court failed to properly weigh the evidence under OCGA §§ 5-5-20 and 5-5-21. The trial court denied the motion, and Norwood appealed.The Supreme Court of Georgia reviewed the case. It held that, viewing the evidence in the light most favorable to the verdict, a rational trier of fact could find Norwood guilty of first-degree child cruelty for causing the children excessive mental pain through his malicious act. The Court further found no error in the trial court’s consideration of the general grounds for a new trial, presuming proper exercise of discretion. The judgment was affirmed. View "NORWOOD v. THE STATE" on Justia Law

In this case, the defendant lived in an apartment with her son, another woman (Hughes), and the victim, Justice Jackson. The arrangement began when Hughes and Jackson, who had been homeless, were allowed to stay for a fee. On the night of the incident, after returning home late with others, the defendant accused someone of stealing from her. An argument ensued, culminating in the defendant ordering everyone out. As Hughes and Jackson were leaving, Hughes saw the defendant with a gun. After Hughes re-entered the apartment to look for her phone, a series of gunshots occurred outside. A witness, O’Cain, testified that he saw the defendant shoot Jackson. Physical evidence at the scene included firearms and shell casings, with expert testimony indicating that the bullet that killed Jackson could have come from a type of gun the defendant owned.A DeKalb County grand jury indicted the defendant on charges including malice murder and possession of a firearm during the commission of a felony. At trial in March 2022, the jury found her guilty on all counts. The Superior Court of DeKalb County sentenced her to life plus five years. The court vacated the felony murder count by operation of law and merged the aggravated assault count. The defendant filed a motion and an amended motion for a new trial, both of which were denied. She appealed to the Court of Appeals of Georgia, which transferred the case to the Supreme Court of Georgia.The Supreme Court of Georgia affirmed the conviction. It held that OCGA § 24-14-6, which requires circumstantial evidence to exclude every other reasonable hypothesis, did not apply because the State presented direct evidence of guilt. The Court also found that the defendant abandoned her claim regarding juror misconduct by failing to support it with argument or authority on appeal. View "MONTGOMERY v. THE STATE" on Justia Law

After an argument over a missing dog between Arlontae Marks and Calje Jordan, Jordan’s brother, Xaiver Frison, became involved. The dispute began after Jordan had unsuccessfully tried to evict Marks and his girlfriend from her apartment, leading to confrontations about the missing dog and personal belongings. On the day of the shooting, Marks attempted to force entry into Jordan’s apartment and made verbal threats. Later, as tensions escalated, Frison shot Marks multiple times in the lobby of the apartment building, resulting in Marks’s death. Frison claimed he acted in self-defense, asserting that Marks had brandished a gun during the altercation.A Fulton County grand jury indicted Frison on charges including malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a felony. After a jury trial in the Superior Court of Fulton County, Frison was found guilty of malice murder and possession of a firearm during the commission of a felony. The court sentenced him to life in prison plus five years. Frison’s motion for a new trial was denied.On appeal to the Supreme Court of Georgia, Frison argued that the State failed to disprove his self-defense claim beyond a reasonable doubt. The Supreme Court of Georgia reviewed the evidence under the Jackson v. Virginia standard, which requires viewing evidence in the light most favorable to the verdict. The Court held that the jury was authorized to reject Frison’s self-defense claim, particularly in light of surveillance footage and witness testimony showing that Marks never brandished his weapon during the incident. The Supreme Court of Georgia found the evidence sufficient to support the convictions and affirmed the judgment. View "FRISON v. THE STATE" on Justia Law

The case involves George Michael Lewis, who was convicted of malice murder and related offenses after fatally shooting Kendra Weathers. Lewis and Weathers had been in a romantic relationship and lived together with Weathers’s children. In April 2015, Lewis was charged with battery against Weathers, resulting in a no-contact order. Despite this, Lewis was present at Weathers’s apartment on May 5, 2015, where an argument ensued, witnessed and audio-recorded by Shenique Griffith. During the altercation, Lewis shot Weathers as she fled the apartment. He then fled the scene, leading police on a lengthy car chase before being apprehended. At trial, Lewis claimed the shooting was accidental, asserting that Weathers produced a gun first and it discharged during a struggle.Following indictment in the Superior Court of Cobb County, a jury found Lewis guilty on all counts except one. The trial court sentenced him to life without parole for malice murder and imposed additional sentences for other offenses. Lewis’s motion for new trial was denied after a hearing, and he appealed.The Supreme Court of Georgia reviewed the case. The court concluded that the evidence was sufficient to support the convictions for malice murder, possession of a firearm during the commission of a felony, and aggravated stalking, emphasizing the strength of the evidence and the jury’s role in weighing credibility. The court also held that cross-examination about Lewis’s prior fraudulent conduct, underlying a discharged First Offender plea, was proper under evidentiary rules regarding character for truthfulness, and was not unfairly prejudicial. Finally, the court rejected Lewis’s claims of ineffective assistance of counsel related to the Jackson-Denno hearing, finding no prejudice or deficient performance. The convictions and sentences were affirmed. View "LEWIS v. THE STATE" on Justia Law

On December 8–9, 2018, a confrontation occurred outside a nightclub involving Jalon Dante Edwards, Colton Sims, Monte Glover, Jr., and others. During the scuffle, Edwards displayed a gun, and shots were fired by multiple individuals, including Edwards and Glover. The victim, DeCoby Barlow, was struck and killed by a bullet determined through ballistics evidence to have been fired from Edwards’s Glock handgun. Surveillance footage and witness testimony corroborated Edwards’s involvement in the shooting. Security guards also reported gunfire from several directions, and the incident resulted in charges against Edwards and his co-defendants.The Henry County Superior Court indicted Edwards and his co-defendants on charges including malice murder, felony murder, aggravated assault, and firearm possession. After a joint jury trial, Edwards was convicted on all counts. He was sentenced to life for malice murder, with additional concurrent and consecutive sentences for other offenses; certain counts were merged or vacated. Edwards filed a timely motion for a new trial, which was denied after a hearing. The denial was later vacated and re-entered to preserve appellate rights. Edwards then appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed Edwards’s arguments regarding sufficiency of the evidence, jury instructions, severance, juror removal, and ineffective assistance of counsel. The Court held that challenges to merged or vacated counts were moot, found no plain error in the jury instructions, ruled that the trial court did not abuse its discretion in denying severance, and determined that Edwards waived appellate review concerning juror removal. The Court also found no deficient or prejudicial performance by trial counsel. The Court affirmed Edwards’s convictions and sentences. View "EDWARDS v. THE STATE" on Justia Law

On January 29, 2018, James Jones was found shot to death outside his pickup truck in the driveway of a house on Freedman Grove Road in Liberty County, Georgia. Witnesses reported seeing a man in a red sweater or hoodie fleeing the scene, and evidence showed multiple calls between Jones and Eptwarnd Saunders around the time of the murder. Investigators found Saunders's DNA on the passenger-side door handle of Jones’s truck, and Saunders’s cell phone records placed him near the scene at the relevant time. Surveillance and witness testimony established Saunders’s whereabouts earlier in the day, and a co-worker testified that Saunders burned a red sweatshirt after the incident and confessed to killing Jones. Saunders was arrested about a week later, and while he admitted to calling Jones, he denied being at the scene. At trial, Saunders testified to being in the area but denied any involvement.A Liberty County grand jury indicted Saunders for malice murder, felony murder, and aggravated assault. Following a jury trial in the Superior Court of Liberty County, Saunders was convicted on all counts, and the court sentenced him to life without parole for malice murder, with the other counts merging or vacated. Saunders filed a timely motion for new trial, later amended, asserting ineffective assistance of counsel and challenging the verdict as against the weight of the evidence. After an evidentiary hearing, the trial court denied the motion, concluding the evidence was sufficient and exercising its discretion as the "thirteenth juror" to uphold the verdict.On appeal, the Supreme Court of Georgia affirmed the conviction and sentence. The Court held that Saunders failed to show his trial counsel was constitutionally ineffective, finding the decisions regarding an alibi instruction and mentioning Saunders’s criminal history were reasonable strategic choices. The Court also concluded that the trial court did not abuse its discretion in denying the motion for new trial on general grounds, and such a denial was not subject to appellate review. View "SAUNDERS v. THE STATE" on Justia Law

A man was convicted for the shooting death of his grandfather, whose body was found in a burning house. On the morning in question, emergency responders discovered the victim dead from a gunshot wound, with evidence of three separate fires in the house and gasoline present in several locations. Investigators found the murder weapon and linked it to the shooting. GPS and cell-site data showed that the accused, who had unexpectedly arrived at the victim’s home days before, was present at the house shortly before the fire. Surveillance video corroborated these movements. After the fire, the accused traveled out of state and was later found with a gasoline-stained glove containing his DNA. The accused did not testify but argued that he was merely present at the scene and that someone else could have committed the crime.Following indictment by a Hall County grand jury, the case proceeded to trial in the Superior Court, where a jury found the accused guilty on all counts, including malice murder and arson. The trial court sentenced him to life imprisonment plus additional consecutive terms. He filed a motion for new trial, arguing insufficient evidence and improper admission of certain text messages, which the trial court denied.The Supreme Court of Georgia reviewed the appeal. It held that the circumstantial evidence, when viewed in the light most favorable to the verdict, was constitutionally sufficient for a reasonable juror to find the accused guilty beyond a reasonable doubt. The Court also determined that the trial court did not abuse its discretion in admitting two text messages sent by the victim: one was properly admitted as a present sense impression, while the other was not hearsay. The Supreme Court of Georgia affirmed the convictions and sentences. View "MOSS v. THE STATE" on Justia Law