Justia Georgia Supreme Court Opinion Summaries

Appellant Charles Wilson was convicted of murder and related offenses in connection with the 2012 shooting death of Jesse Howard. Wilson appealed, asserting various errors in the adjudication of his motion for new trial, insufficiency of the evidence, evidentiary error, and improper refusal to bifurcate the trial of certain counts. The Georgia Supreme Court concluded that though none of Wilson’s enumerations had merit, the Court did find an error in his sentencing. The Court therefore affirmed in part, vacated in part, and remanded for resentencing. View "Wilson v. Georgia" on Justia Law

In case number S17A0931, Demetrius Daniels appealed his convictions and sentences for felony murder, violations of the Street Gang Terrorism and Prevention Act, and possession of a firearm during the commission of a felony, in connection with the death of Alvin Hunt; in companion case number S17A0932,Tobias Thomas appealed his convictions and sentences for the felony murder of Bernardino Perez, violations of the Street Gang Terrorism and Prevention Act, armed robbery, aggravated assault, and possession of a firearm during the commission of a felony, in connection with multiple criminal incidents. The evidence showed that Daniels and Thomas were members of a local street gang known as the “Forrest Hill Boyz,” and were tried together, with four other defendants, for their roles in various crimes that took place in and around Moultrie. Both alleged procedural errors and claimed ineffective assistance of trial counsel; Thomas also challenged the sufficiency of the evidence presented against him. After reviewing both cases, the Georgia Supreme Court found no reversible error and affirmed both defendants’ convictions. View "Daniels v. Georgia" on Justia Law

Appellant Maurilio Martinez appealed his convictions for the rape and murder of Joy Morris. Appellant argued on appeal: (1) the evidence was insufficient to convict him of rape; (2) trial counsel was ineffective when he failed to move for a directed verdict on the rape charge; and (3) the trial court erred when it overruled his objection to certain comments the prosecutor made during closing argument. . Finding no reversible error, the Georgia Supreme Court affirmed. View "Martinez v. Georgia" on Justia Law

James Anderson was found guilty of felony murder and other crimes arising out of the shooting death of Franklin Burch. Appellant argued the trial court erred in denying his motion for new trial because during voir dire one of the jurors, identified by his initial “H.,” improperly concealed his connection to the case and his bias toward the victim. Appellant contended a defendant is entitled to a new trial based on juror misconduct if the defendant is able to demonstrate that: “(1) the juror failed to answer honestly a material question on voir dire and (2) a correct response would have provided a valid basis for a challenge for cause.” Appellant also argued he received ineffective assistance of trial counsel because in his opinion, trial counsel: (1) failed to ask questions on voir dire that would have uncovered the reasons why juror H. was not qualified to sit on the jury, including the extent of his relationships with persons involved with the case, his personal bias, and his personal handling and viewing of evidence; and (2) failed to conduct an adequate investigation of the defense that the rifle fired accidentally as a result of a struggle between appellant and the victim, and in failing to present expert testimony that would have supported that defense. Finding no reversible error, the Georgia Supreme Court affirmed Anderson’s conviction. View "Anderson v. Georgia" on Justia Law

Willie Dublin appealed his convictions for felony murder and other crimes stemming from the fatal shooting of Terry Slack during an attempted robbery. He argued he received ineffective assistance of counsel claim based on his counsel’s failure to object to hearsay and what he contends was an improper comment on his pre-trial silence, as well as other enumerations of error related to the admission of additional hearsay and other acts evidence. After review, the Georgia Supreme Court conclude the alleged hearsay was admissible under the co-conspirator exception to the hearsay rule. Dublin did not shown that trial counsel’s failure to object to a detective’s comment on his silence prejudiced his defense. Furthermore, the Court found the trial court did not abuse its discretion in denying a mistrial after a witness alluded to some prior bad acts. The Court vacated the judgment in part, however, as the trial court erred by merging the count of aggravated assault with intent to rob into the offense of felony murder. The matter was remanded for resentencing. View "Dublin v. Georgia" on Justia Law

Jermaine Revere was convicted by jury of murder and various other offenses in connection with the stabbing death of Angelo Patterson. In his sole enumeration on appeal, Revere argued he received ineffective assistance of trial counsel. Revere contends that his trial counsel was ineffective for failing to (a) object or request a mistrial after three of the State’s witnesses improperly placed Patterson’s character in issue, and (b) introduce evidence of Patterson’s prior felony convictions to rebut or impeach the State’s improper character evidence. Finding no reversible error, the Georgia Supreme Court affirmed the conviction. View "Revere v. Georgia" on Justia Law

Appellant Thomas Houston appealed after a trial court denied his motion for an out-of-time appeal of his 2008 convictions by guilty pleas to two murders and numerous other crimes in connection with a series of home invasions targeting Hispanic victims in Columbus. Pretermitting whether Houston showed a proper excuse for not filing a timely appeal, the Georgia Supreme Court found the record showed that he was not entitled to an out-of-time appeal. Accordingly, the Court affirmed denial of appellant’s motion. View "Houston v. Georgia" on Justia Law

Rhonda Bennett (f/k/a Donley) filed an amended motion for new trial following a habeas court order discharging the payment of restitution and any arrearage for back child support by the purported biological father of Bennett’s minor child. Concluding that she was a non-party to the underlying action and therefore lacked standing to challenge its order, the court dismissed Bennett’s motion. The Georgia Supreme Court reversed, finding the habeas court erred in concluding that Bennett lacked standing. View "Bennett v. Etheridge" on Justia Law

A jury acquitted Jeremy Scott of malice murder in the shooting death of Dexter Holliday, but found him guilty of felony murder, aggravated assault, possession of a firearm in commission of a felony, and possession of a firearm by a convicted felon. His amended motion for new trial was denied, and he appealed, arguing the trial court erred in its charge to the jury. The Georgia Supreme Court affirmed, however, vacated the sentence Scott received and remanded to the trial court for resentencing. View "Scott v. Georgia" on Justia Law

Tyshawn Roscoe was convicted by jury of malice murder and various other offenses in connection with the shooting death of John Douglas. On appeal, Roscoe argued, among other things, that the evidence presented at trial was insufficient to support the verdict and that the trial court erred in granting the State’s motion in limine to exclude certain evidence. Finding no reversible error, the Georgia Supreme Court affirmed. View "Roscoe v. Georgia" on Justia Law