Justia Georgia Supreme Court Opinion Summaries

In 2005, a jury found Jordan Warbington guilty of murder, felony murder, and aggravated assault in the bludgeoning death of Kenneth “Tate” Cain in the break room of the Warbington family mortuary. The judgment of conviction was affirmed in 2007. Warbington alleged that, after indictment and before his trial and conviction for murder, he was incarcerated in the state prison system for an unrelated offense after his parole was revoked. In 2017, Warbington filed a pro se “Motion for Jail-Credit Time” in his original criminal proceeding, seeking to have the time served on the unrelated offense after his parole was revoked credited against his subsequently imposed sentence for murder. The motion was denied by the trial court, and Warbington appeals to this Court. The Georgia Supreme Court determined that raising a motion in his original criminal proceeding was not the appropriate avenue through which Warbington should have sought relief: a prisoner seeking credit fortime served should generally seek relief through a petition for writ of mandamus against the official responsible for calculation of the time. The Georgia Court “[has] made clear that the proper procedure for seeking relief is not a point to be overlooked, even if the claim is clearly meritless.” While the trial court recognized this issue, noting that “pursuant to OCGA 17-10-12, the duty to award credit for time served is the duty of the Georgia Department of Corrections,” it denied the motion when it should have been dismissed as a nullity. Because the motion was a nullity, it presented nothing to appeal, and Warbington’s appeal was therefore dismissed. View "Warbington v. Georgia" on Justia Law

Matthew Pike (“Pike”), and Daniel Slaton (“Daniel”), and appellant William Slaton, were jointly indicted for malice murder and other crimes in connection with the death of Justin Klaffka. Daniel, appellant’s brother, pled guilty to several crimes and testified for the State at appellant’s trial. Appellant was tried along with Pike, and both were convicted of malice murder. The Georgia Supreme Court previously affirmed Pike’s conviction; following the denial of appellant’s motion for new trial, as amended, he appealed, contending, among other things, that his trial counsel provided ineffective assistance in numerous respects. Finding no such ineffective assistance, the Supreme Court affirmed appellant’s conviction. View "Slaton v. Georgia" on Justia Law

Deion Smith was found guilty of malice murder and arson in connection with the violent death of 15-year-old Jasmine Moore. Smith appealed, arguing that his trial counsel was ineffective for failing to challenge the sufficiency of the indictment and failing to thoroughly cross-examine Smith’s codefendant, Tyberius Murchinson. Because the Georgia Supreme Court found Smith’s trial counsel was not constitutionally ineffective, it affirmed his conviction. View "Smith v. Georgia" on Justia Law

Karon Norman was tried by jury and convicted of murder and possession of a firearm during the commission of a crime in connection with the 1997 fatal shooting of Keith Williams. Norman raised three claims on appeal: (1) he was denied the effective assistance of counsel when his lawyer entered a stipulation at trial about his 1993 juvenile adjudication for murder; (2) the trial court gave erroneous limiting instructions to the jury concerning the evidence of the 1993 murder; and (3) his due process rights were violated by the 17-year delay in his post-conviction proceedings. Finding no reversible error, the Georgia Supreme Court affirmed. View "Norman v. Georgia" on Justia Law

Zachary Taylor appealed his conviction for malice murder based on the 2004 death of Lamar Railey 16 days after Taylor struck him with his car. Taylor argued on appeal that his malice murder conviction was not supported by sufficient evidence because the State did not prove intent and causation. He also argued the trial court erred when it denied Taylor’s motion to change venue and when it denied Taylor’s challenge under Batson v. Kentucky, 476 U. S. 79 (1986). The Georgia Supreme Court found the evidence of intent and causation was sufficient to convict Taylor of malice murder; the trial court did not abuse its discretion in denying Taylor’s motion for a change of venue; and the trial court did not commit reversible error in denying Taylor’s Batson challenge. View "Taylor v. Georgia" on Justia Law

In September 2003, Johnny O’Neal Usher pleaded guilty and was convicted of murder, rape, and burglary. He did not appeal his convictions at that time. Fourteen years later, he filed a motion for leave to take an out-of-time appeal, but the court below denied his motion. In his motion, Usher said that, if he were permitted to take an out-of-time appeal, he would assert that his indictment was defective, that the court below accepted his plea without an adequate factual basis, that his plea was not knowing and voluntary, and that his plea counsel should have objected to the acceptance of his plea. The Georgia Supreme Court found the existing record failed to sustain any of these claims of error, and affirmed the denial of Usher’s motion. View "Usher v. Georgia" on Justia Law

Appellant Kevon Brown was found guilty of murder, felony murder, aggravated assault with a deadly weapon, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony, in the 2008 shooting death of Rodricus Morgan. He argued on appeal to the Georgia Supreme Court that he was denied the right to the effective assistance of trial counsel. Finding no reversible error, the Court affirmed Brown’s conviction. View "Brown v. Georgia" on Justia Law

Corey Blount was convicted of murder and related offenses stemming from the shooting death of Derrick Merritt Jr. and the wounding of Jamaris Walter. He challenged the sufficiency of the evidence presented against him at trial to sustain his convictions. Further, he argued he received ineffective assistance of trial counsel. Finding no reversible error, the Georgia Supreme Court affirmed Blount’s convictions. View "Blount v. Georgia" on Justia Law

Nicambreon Flowers was tried by jury and convicted of murder and armed robbery in connection with the 2014 fatal shooting of Joel Tengue. Flowers appealed, arguing that the evidence was legally insufficient to sustain his convictions and that the trial court erred when it charged the jury. The Georgia Supreme Court found no reversible error and affirmed. View "Flowers v. Georgia" on Justia Law

William Winston appealed his convictions relating to the death of Caylen Gooch. Appellant’s sole contention raised on appeal was that the evidence was insufficient to convict him of the crimes charged. Finding no reversible error, the Georgia Supreme Court affirmed Winston’s convictions. View "Winston v. Georgia" on Justia Law