Justia Georgia Supreme Court Opinion Summaries
Articles Posted in Criminal Law
Rammage v. Georgia
Appellant Johnny Rammage was convicted of malice murder and a firearm offense in connection with the shooting death of Chris Johnson. On appeal, he argued the trial court erred: (1) by not allowing him to introduce evidence of Johnson’s prior acts of violence; (2) by declining to give jury instructions on justification and accident; and (3) by admitting evidence of his prior conviction. Appellant also contended his trial counsel provided ineffective assistance by not objecting to the court’s failure to give the jury instructions. After review of the record and the briefs, the Georgia Supreme Court found no reversible error and affirmed. View "Rammage v. Georgia" on Justia Law
Posted in:
Constitutional Law, Criminal Law
Rich v. Georgia
In 2016, Deonta Rich was convicted of murdering Sylvester Downs and kidnapping Taquoya Rogers. Rich: (1) challenged the sufficiency of the evidence to support his convictions; (2) argued the trial court erred by denying his motion for new trial while sitting as the thirteenth juror; and (3) contended his trial counsel was ineffective for failing to object after the State, during its closing argument, inappropriately commented on his prior juvenile adjudication. Finding no reversible error, the Georgia Supreme Court affirmed. View "Rich v. Georgia" on Justia Law
Posted in:
Constitutional Law, Criminal Law
Taylor v. Georgia
Sylvester Taylor was convicted by jury for malice murder and criminal attempt to commit rape, amongst other crimes, stemming from the beating death of Linda Madison. This appeal stemmed from an exchange between Taylor and the judge presiding over his pre-trial proceedings, specifically, at a 2014 preliminary hearing, wherein Taylor proclaimed “I ain’t killed that b*tch; that b*tch killed herself.” The trial court then cautioned, “Wait a minute.” Taylor, however, immediately launched into an uninterrupted (albeit brief), profanity-laced tirade in which he denied killing Madison. The tirade culminated in him saying, “Y’all can kiss my black a**.” The trial court found Taylor guilty of 13 instances of criminal contempt, one for each of the obscene words that he used during the outburst, and sentenced him to a total of 230 days in jail, not to be served until Taylor became eligible for release pursuant to bond or “by final disposition of the charges upon which [Taylor] is currently being held.” Taylor appealed, contending (among other things) that the trial court erred by finding him guilty of multiple instances of contempt. The State agreed with Taylor, and so did the Georgia Supreme Court. Judgment was vacated and the matter remanded for further proceedings. View "Taylor v. Georgia" on Justia Law
Posted in:
Constitutional Law, Criminal Law
Davis v. Georgia
In 2012, Sylvester Davis, Jr. was convicted of malice murder in connection with the 2011 shooting death of Marquis Wadley. Davis apppealed, arguing that the trial court abused its discretion in admitting certain testimony by a Georgia Bureau of Investigation (“GBI”) agent and in denying his motion for a mistrial, and that, to the extent that the Georgia Supreme Court concludes that he waived certain evidentiary objections by failing to raise them at trial, his trial counsel rendered ineffective assistance. Finding no reversible error, the Supreme Court affirmed Davis’ conviction. View "Davis v. Georgia" on Justia Law
Posted in:
Constitutional Law, Criminal Law
McCluskey v. Georgia
Clarence McCluskey was convicted of murder and related crimes arising out of the shooting death of his wife, Lisa. He appealed, arguing the evidence was insufficient to support his convictions for cruelty to children in the third degree, and the trial court erred in refusing to give his requested charges on reckless conduct and involuntary manslaughter. The Georgia Supreme Court concluded the evidence was insufficient to allow a rational jury to find beyond a reasonable doubt that McCluskey committed the offense of cruelty to children in the third degree and reversed his conviction as to those charges. However, the Court did determined the evidence sufficient as to all other charges and affirmed. View "McCluskey v. Georgia" on Justia Law
Posted in:
Constitutional Law, Criminal Law
Stephens v. Georgia
Lloyd Stephens and Demetrius Brewer were convicted after a joint jury trial for the murder of Eric Kemp. Both argued the trial court made multiple evidentiary errors. Additionally, Stephens argued he received ineffective assistance of counsel. Finding no reversible errors, the Georgia Supreme Court affirmed both convictions. View "Stephens v. Georgia" on Justia Law
Posted in:
Constitutional Law, Criminal Law
Redding v. Georgia
Appellant Kerri Redding was convicted of malice murder and other crimes in connection with the shooting death of Christopher Kenyatta. Appellant contended his trial counsel provided ineffective assistance by failing to raise the possible biases of two witnesses and by failing to object to certain testimony from the lead detective. Appellant also claimed the trial court erred by not allowing him to impeach an out-of-court declarant with a certified copy of the declarant’s conviction. Finding no reversible error, the Georgia Supreme Court affirmed. View "Redding v. Georgia" on Justia Law
Posted in:
Constitutional Law, Criminal Law
Mosley v. Georgia
Appellant Rashard Mosley appealed his convictions for numerous offenses, including the 2014 murder of Ivory Carter and the attempted murder and attempted armed robbery of Frederick Knight. On appeal, Mosley contended the evidence was insufficient to sustain his convictions, that the trial court erroneously permitted the State to elicit various inadmissible hearsay statements, that the trial court erroneously permitted the State to adduce “intrinsic evidence,” and that trial counsel was ineffective. Finding no reversible error, the Georgia Supreme Court affirmed. View "Mosley v. Georgia" on Justia Law
Posted in:
Constitutional Law, Criminal Law
Allen v. Georgia
Johnny Allen appealed his felony murder and aggravated assault convictions for killing Robert Patton. On appeal, Allen argued the trial court erred by admitting evidence of events that occurred after the shooting, and by admitting photographs of the autopsy performed on Patton. Allen also argued the trial court erred and invaded the province of the jury by instructing the jury that a firearm was a deadly weapon as a matter of law. After review, the Georgia Supreme Court vacated the sentence for aggravated assault, which merged with felony murder by operation of law, but otherwise affirmed, because the Court determined Allen did not show no reversible error by the trial court in admitting evidence or instructing the jury. View "Allen v. Georgia" on Justia Law
Posted in:
Constitutional Law, Criminal Law
Morgan v. Georgia
Jokeera Morgan was convicted by jury of murdering by drowning her two infant daughters. Morgan drowned her daughters in her Chatham County, Georgia home. She immediately called 911 to report what she had done. The responding officers found the children’s bodies where Morgan had told the dispatcher they would be. Morgan confessed to the homicides in a police interview, telling the officers that “while she was [drowning her daughters], she was thinking that she couldn’t believe that she was doing it.” The medical examiner confirmed that the children had drowned and that their manner of death was consistent with Morgan’s description of how she had killed them. In support of her special plea of insanity, Morgan introduced evidence of her history of mental illness, which included severe bipolar-I disorder, schizoaffective disorder, major depressive disorder, personality disorder, and polysubstance abuse. Morgan’s experts concluded that her symptoms were consistent with those of mothers who had committed “altruistic filicide,” a homicide that results from a belief that a child is better off dead. Morgan appealed the order denying her motion for a new trial, contending that the trial court erred by: (1) excluding expert opinion testimony concerning her ability to discern right from wrong; (2) admitting police body-camera video recordings of her children’s bodies; and (3) giving an incorrect charge on whether the jury could consider punishment during its deliberations on the issue of her guilt. Finding no reversible error, the Georgia Supreme Court affirmed. View "Morgan v. Georgia" on Justia Law
Posted in:
Constitutional Law, Criminal Law