Justia Georgia Supreme Court Opinion Summaries

Albert King was tried by jury and convicted of murder and aggravated assault in connection with the 2003 death of Lelia Mae Huston. King appealed, arguing the evidence was insufficient to sustain his conviction for aggravated assault and that he was denied the effective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed. View "King v. Georgia" on Justia Law

Thomas Sessions, Jr. was convicted by jury for malice murder, aggravated assault, and possession of a firearm during the commission of a felony. He contended on appeal that the evidence was insufficient to support the verdict and that the trial court committed certain evidentiary errors. Finding no such errors, the Georgia Supreme Court affirmed his conviction. View "Sessions v. Georgia" on Justia Law

Joseph Williams was tried by jury and convicted of murder and other crimes in connection with the 2015 shooting of Travious Floyd. Williams appealed, contending that he was denied the effective assistance of counsel when his lawyer failed to request a jury charge on the defense of habitation and that the trial court plainly erred with respect to two jury instructions. After reviewing the record and briefs, the Georgia Supreme Court found no merit to Williams’s claims, and affirmed his convictions. View "Williams v. Georgia" on Justia Law

Michael Stallworth was convicted by jury of malice murder and possession of a firearm during the commission of a felony. He appealed, arguing, among other things, that the evidence was insufficient to support the verdict and that he received ineffective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed his convictions. View "Stallworth v. Georgia" on Justia Law

Hubert Coates was convicted of four counts of possession of a firearm by a convicted felon and was sentenced on each count. Coates appealed; the Court of Appeals affirmed his convictions and sentences, concluding that OCGA 16-11-131 (b) (2014)2 permitted a defendant to be separately convicted and sentenced for each of the multiple firearms in his possession. The issue this case presented for the Georgia Supreme Court's review was a question of whether a single course of conduct could result in multiple convictions and sentences under the same statute, the doctrine of substantive double jeopardy was implicated, and the “unit of prosecution,” or the precise act criminalized by the statute, had to be identified. "Reading the statute in a natural and ordinary way, it is clear that the gravamen of the offense is the general receipt, possession, or transportation of firearms by convicted felons, rather than the specific quantity of firearms received, possessed, or transported." Based on this analysis, the Supreme Court concluded the Court of Appeals erred. Accordingly, the decision was reversed, Coates’ convictions and sentences for the four counts of possession of a firearm by a convicted felon vacated, and the case remanded for the trial court to convict and resentence Coates on only one of those counts. View "Coates v. Georgia" on Justia Law

Appellant Corey Jones was convicted of malice murder and two firearm offenses in connection with the 2014 shooting death of Tywanna Boyd. On appeal, he contended only that the evidence presented at his trial was legally insufficient to support his convictions. Finding the evidence sufficient to support the convictions, the Georgia Supreme Court affirmed. View "Jones v. Georgia" on Justia Law

Appellant Dexter Parks was tried by jury and found guilty of felony-murder, aggravated assault with a deadly weapon, possession of a firearm during the commission of a crime, and participation in criminal gang activity. He appealed, arguing the trial court erred in failing to exclude expert testimony over his objection, and that the evidence was insufficient to sustain his convictions. Finding no reversible error, the Georgia Supreme Court affirmed Parks’ convictions. View "Parks v. Georgia" on Justia Law

Joshua Starks appealed after he was convicted of felony murder and other charges stemming from 2013 the shooting death of Stenneth Charles during a drug deal. Starks argued he was entitled to a new trial because his trial counsel was ineffective for failing to object to: (1) certain testimony as being an improper prior consistent statement; and (2) portions of the State’s closing argument. Assuming without deciding that trial counsel’s performance was deficient in both respects, the Georgia Supreme Court concluded Starks did not shown any prejudice, and affirmed his convictions. View "Starks v. Georgia" on Justia Law

Orlando Hawkins was convicted by jury of malice murder and other offenses in connection with the 2013 shooting death of Morie Brooks. On appeal, Hawkins argued the trial court erred in instructing the jury, and in denying his motion in liminie to exclude from trial certain Facebook posts. Finding no reversible error, the Georgia Supreme Court affirmed. View "Hawkins v. Georgia" on Justia Law

Appellant Brawny McCullough was found guilty of malice murder and other crimes in connection with the shooting deaths of his father, Donald Eugene McCullough (“Gene”), and his great-aunt, Peggy Molden. The State sought the death penalty, but the jury decided that Appellant should instead be sentenced to life in prison without parole. Appellant argued on appeal to the Georgia Supreme Court that the evidence presented at his trial was insufficient to support his convictions and that the trial court abused its discretion and violated his Sixth Amendment right to counsel by denying his request to continue the trial to accommodate a scheduling conflict that one of his lawyers had, even though Appellant had already been granted one lengthy continuance and was represented at trial by three other competent capital defenders. The Supreme Court rejected these contentions and affirmed the convictions, but vacated the trial court’s judgment in part to correct a sentencing error. View "McCullough v. Georgia" on Justia Law