Justia Georgia Supreme Court Opinion Summaries
Articles Posted in Criminal Law
Sullivan v. Georgia
Monique Sullivan was convicted by jury of felony murder predicated on aggravated assault in connection with the death of Amelia Hiltz; the aggravated assaults of Maureen Floyd and Kevin Mollenhauer; reckless conduct in regard to Grayson Tucker and Olden Ganus; cruelty to children in the second degree in regard to Sullivan’s son, J.S.; and three traffic offenses. Sullivan’s Suburban sped up and continued traveling the wrong way in the left eastbound lane of Riverwatch Parkway. The path taken by the Suburban forced four drivers, including Grayson Tucker and Olden Ganus, to swerve from the left lane into the right lane in order to avoid a head-on collision. Those drivers testified that the Suburban did not slow down, swerve, switch lanes, or engage in any other evasive maneuvers to warn or avoid colliding with other vehicles. After passing those four vehicles, Sullivan’s Suburban entered a sharp curve near Eisenhower Park. At the time, three other vehicles were entering the curve heading eastbound. The Suburban collided head-on with a van being driven by Amelia Hiltz and was then propelled about five to six feet into the air above the guardrail to the right. The Suburban landed on the guardrail and started bouncing, before flipping back over into the eastbound lanes of Riverwatch Parkway. Hiltz’s vehicle suffered significant damage and was pushed into the right shoulder of the eastbound side of the road. As the Suburban lay flipped over, vehicles driven by Kevin Mollenhauer and Maureen Floyd collided with it. No information was given as to why Sullivan was driving on Riverwatch Parkway. Sullivan appealed her conviction, arguing: the evidence introduced at trial was insufficient to support the jury’s guilty verdicts with regard to the felony murder of Hiltz and the aggravated assaults of Floyd and Mollenhauer; the trial court erred by not instructing the jury on accident; the court erred in preventing Sullivan from presenting evidence that she did not suffer from any mental illness; and erred in permitting the State to introduce inadmissible hearsay. Finding no reversible error, the Georgia Supreme Court affirmed. View "Sullivan v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Carson v. Georgia
Anderson Carson was tried by jury and convicted of the malice murder of Lee Solkol, and the robbery by force of Fred Hickson. On appeal, Carson argued the trial court erred by: (1) denying his motion to sever; (2) appearing to assist the State in its prosecution by recommending that the State procure material witness warrants; (3) permitting the introduction into evidence of Carson’s prior conviction for aggravated assault; (4) allowing the State to introduce into evidence a booking photograph without providing the photograph to the defense in accordance with the State’s discovery obligations; (5) denying his motion to exclude his statements to a police detective; (6) denying his motion to suppress; and (7) failing to strike a prospective juror for cause. Carson also argued the evidence was insufficient to support the jury’s verdicts. Finding no reversible error, the Georgia Supreme Court affirmed. View "Carson v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Walker v. Georgia
Appellant Vashon Walker challenged his 2016 conviction for felony murder for the shooting death of his girlfriend, Jessica Osborne. He contended that the evidence was legally insufficient, that the trial court erred in admitting a shell casing and related photographs in violation of his constitutional right to confront his accusers, and that he was denied the effective assistance of counsel. Finding no merit to these contentions, the Georgia Supreme Court affirmed judgment of conviction. View "Walker v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Mahaffey v. Georgia
In 2014, Appellant Charles Mahaffey entered negotiated guilty pleas to felony murder and aggravated assault in connection with the stabbing death of Christopher Reynolds. Appellant later challenged the trial court’s order denying his timely motion to withdraw his pleas, contending that he did not knowingly, intelligently, and voluntarily plead guilty. The Georgia Supreme Court determined that the trial court record as a whole supported the conclusion that Appellant was advised of his pertinent constitutional rights, that he understood those rights and the consequences of waiving them, and that he then knowingly, intelligently, and voluntarily entered his guilty pleas. Accordingly, the trial court did not abuse its discretion by denying Appellant’s motion to withdraw his pleas. View "Mahaffey v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Spencer v. Georgia
Christopher Spencer was convicted by jury of murder and other crimes in connection with the fatal shootings of Sylvia Watson and Samuel White. Spencer appealed, claiming only that the evidence was insufficient to support his convictions. Finding no reversible error after reviewing the trial court record, the Georgia Supreme Court affirmed conviction. View "Spencer v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Oliver v. Georgia
Jacquan Oliver entered a negotiated plea of guilty to felony murder in connection with the shooting death of Alexander Mixon. He appealed his conviction and sentence, arguing that the trial court abused its discretion in finding a factual basis for his plea, and in determining the plea was voluntarily, knowingly and intelligently made. Finding no merit to these contentions, the Georgia Supreme Court affirmed conviction. View "Oliver v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Burley v. Georgia
In 1992, Douglas Burley pled guilty to malice murder. He moved for an out-of-time appeal in 2019, claiming that his right to appeal was frustrated by his plea counsel’s erroneous advice that he could not appeal his conviction because it was the product of a guilty plea. The trial court denied Burley’s motion. After review, the Georgia Supreme Court vacated the trial court’s judgment and remanded the case with direction to hold a hearing to determine whether ineffective assistance of counsel frustrated Burley’s right to appeal. View "Burley v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Hill v. Georgia
Esco Hill was convicted by jury of malice murder and other crimes relating to the stabbing death of Alford Morris in 2014. On appeal, Hill argued the trial court committed reversible error by requiring him to be visibly shackled for the duration of his six-day trial. After review of the trial court record, the Georgia Supreme Court concurred this was reversible error, consequently, reversed judgment of conviction. Because the Court concluded the evidence at trial was sufficient to sustain Hill's conviction, the State could re-try him. The Court did not address Hill's remaining enumerations of error, "as they are not likely to recur in the event of a retrial." View "Hill v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Clarke v. Georgia
Rupert Clark was convicted by jury for the malice murder of his wife, Rosemarie Lebert-Clark. He was also convicted of possession of a firearm during the commission of a felony. On appeal, he argued he received ineffective assistance of trial counsel, and that the trial court erred in admitting certain evidence, violated the continuing witness rule by sending out with the deliberating jury printouts of text messages, and by failing to instruct the jury that a defendant’s uncorroborated confession was not alone sufficient to warrant a conviction. Finding no reversible error after reviewing the trial court record, the Georgia Supreme Court affirmed conviction. View "Clarke v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Styles v. Georgia
Derrick Styles was convicted by jury of felony murder and other crimes in connection with the shooting death of Alberto Lumens and the armed robbery fo Juan Lumens Garcia. On appeal, Styles contended the trial court erred in admitting into evidence a recording of an inculpatory telephone conversation between himself and a witness. He also argued his trial counsel was ineffective for failing to object to an allegedly improper comment by the prosecutor during closing argument. Finding no merit to these contentions, the Georgia Supreme Court affirmed conviction. View "Styles v. Georgia" on Justia Law
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Constitutional Law, Criminal Law