Justia Georgia Supreme Court Opinion Summaries

Appellant Willie Green was indicted and tried for malice murder and related crimes in connection with the November 2004 stabbing death of Marita Bradshaw. At trial, Green asserted an insanity defense, which the jury rejected, finding Green guilty but mentally ill. Green appealed, contending that the trial court erred on two occasions in its response to courtroom outbursts by Green and that his trial counsel rendered ineffective assistance. Finding no reversible error, the Supreme Court affirmed. View "Green v. Georgia" on Justia Law

Eric Bolling was convicted by jury of the murder of Parviz Moledina, as well as burglary in the first degree and possession of a knife during the commission of a felony. Bolling appealed, arguing that:(1) the evidence was insufficient to sustain his convictions; (2) the trial court erred in allowing the State to introduce into evidence prior trial testimony of a co-defendant; and (3) the trial court erred in allowing the State to play the co-defendant’s videotaped police interview to the jury. Finding no reversible error, the Supreme Court affirmed. View "Bolling v. Georgia" on Justia Law

Appellants, brothers David and Michael Naji, were convicted of murder in connection with the shooting death of Demetrius Hill. The trial court denied their amended motions for new trial, and they appealed. Both brothers argued the trial court erred in permitting the testimony of a medical examiner. Michael also challenged the sufficiency of the evidence, and David Naji argued ineffective assistance of trial counsel. Finding no reversible errors, the Supreme Court affirmed both brothers' convictions. View "Naji v. Georgia" on Justia Law

Appellant Corrick Johnson was tried before a jury on charges of malice murder, felony murder (two counts), aggravated assault, and false imprisonment, in the death of Latresh Brown. He appealed, claiming, among other things, that the trial court erred in failing to merge the aggravated assault conviction with the murder conviction and that the court erred in its instructions to the jury. The Supreme Court agreed with Johnson that the failure to merge was error and therefore vacated his conviction for aggravated assault. The Court affirmed in all other respects. View "Johnson v. Georgia" on Justia Law

Appellant Roy McKinney was convicted of the malice murder of his wife, Shaquilla Weatherspoon, and cruelty to children in the third degree for beating Weatherspoon in the presence of their six-year-old daughter. His only contention on appeal was that the evidence presented at trial was insufficient to support his murder conviction. Finding no reversible error, the Supreme Court affirmed. View "McKinney v. Georgia" on Justia Law

This appeal stemmed from the denial of a motion to withdraw a guilty plea. Appellant Gilberto Gomez shot and killed 13-year-old Steven Galindo during an armed robbery of Galindo and Galindo’s sister, Samaria Diaz. Gomez and his compatriot Sergio Reyes Alvear approached the victims while they were outside their apartment next to their truck. Gomez was armed with a shotgun and Alvear was armed with a baseball bat. Gomez and Alvear, whose faces were covered by bandanas, invoked the name of a street gang and demanded the keys to the vehicle. They also took money and jewelry from Diaz. When the key the men were given did not start the truck, Alvear began hitting the truck with the bat. Meanwhile, Galindo tried to run away and Gomez shot him at least two times in the back. A Clayton County grand jury indicted Gomez and Alvear on charges of malice murder, four counts of felony murder, two counts of armed robbery, two counts of aggravated assault, three counts of violating the Georgia Street Gang Terrorism and Prevention Act (GSGTPA), two counts of hijacking a motor vehicle, criminal damage to property in the second degree, theft by receiving stolen property, and five counts of possession of a firearm during the commission of a crime. Before trial, Gomez learned from plea counsel that Alvear would likely testify against him, and, at that point, Gomez entered a negotiated plea and pled guilty to malice murder, armed robbery (of Diaz), and a violation of the GSGTPA. The trial court sentenced Gomez to life in prison with the possibility of parole for malice murder, 15 years to serve consecutively for armed robbery, and 5 years to serve consecutively for violation of the GSGTPA. The remaining indicted charges were nolle prossed. On appeal, Gomez argued his plea should be allowed to be withdrawn because his plea counsel did not specifically advise him he would have to serve at least 42-45 years in prison before being eligible for parole. As such, Gomez contended his plea counsel rendered constitutionally ineffective assistance. Finding no reversible error, the Supreme Court affirmed the denial of the motion. View "Gomez v. Georgia" on Justia Law

Appellant Brandon Harrington was convicted of the malice murder and armed robbery of Mamie Wright and related crimes. On appeal, he argued the trial court erred in admitting his custodial interviews and that the evidence presented at trial was insufficient to support his conviction for armed robbery. The Supreme Court agreed with the latter contention and reversed Appellant’s armed robbery conviction. The Court also identified a merger error made by the trial court in sentencing Appellant, and therefore vacated the judgment in part and remanded for Appellant to be sentenced for burglary. The Court affirmed in all other respects. View "Harrington v. Georgia" on Justia Law

Marcus Smiley appealed his convictions and sentences for malice murder, aggravated battery, and first degree cruelty to children, all in connection with the death of three-month-old Mia Williams and injuries to seven-month-old Tyre Mears. Smiley challenged the sufficiency of the evidence presented against him. The Supreme Court found that the evidence presented authorized the jury to find Smiley guilty beyond a reasonable doubt of each of the crimes of which he was found guilty. However, the Court found that aggravated battery committed against Mia merged into the malice murder of Mia. Therefore, the conviction and sentence entered on the aggravated battery of Mia had to be vacated. View "Smiley v. Georgia" on Justia Law

Appellant Derrick Stanley appealed his convictions for malice murder and other crimes related to the stabbing death of Doris Murray. Appellant and Murray were formerly in a romantic relationship. At the time of Murray’s death, she and appellant were still active in each other’s lives. In 2008, appellant was helping Murray remove items from her home which had recently sustained damage from a fire. That morning, Murray’s children and other acquaintances were also scheduled to come to the house to provide assistance. A neighbor heard appellant and Murray “fussing” and saw appellant and Murray go into the house. That was the last time anyone saw Murray alive. The police caught up with appellant in his vehicle but he fled, leading authorities on a high-speed chase. When appellant was finally caught and arrested, police found a knife in his vehicle. Appellant made a statement to police alleging he and Murray had engaged in a struggle over a knife and that she stabbed him. The lead investigator testified that the blood splatter in the carport room confirmed there was some sort of a “mobile struggle” between appellant and the victim, meaning appellant and the victim moved about the room during the incident. Appellant eventually admitted he injured himself with the knife and confirmed he stabbed Murray. Murray had defensive wounds to her body, including a partially-severed thumb. Appellant challenged alleged errors at trial, but finding none, the Supreme Court affirmed appellant’s convictions. View "Stanley v. Georgia" on Justia Law

Following a jury trial regarding ninety separate counts of criminal activity, Tamario Wise appealed his convictions for murder and armed robbery, contending that the trial court made certain evidentiary errors and that the evidence was insufficient to support one count of armed robbery. Finding no reversible error, the Supreme Court affirmed. View "Wise v. Georgia" on Justia Law