Justia Georgia Supreme Court Opinion Summaries

Articles Posted in Criminal Law
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Appellant Christopher Smith was tried and convicted of murder and related offenses in connection with the 2013 shooting death of Kevin Daniel and aggravated assault of Kamenika Whatley. Smith appealed, claiming three instances where the trial court erred. The Georgia Supreme Court found no merit in any of Smith’s trial phase enumerations, it did find error with regard to his sentences and therefore vacated and remanded for re-sentencing. View "Smith v. Georgia" on Justia Law

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Appellant Roderick Smith was convicted of malice murder and other offenses arising out of the shooting death of his girlfriend, Sherita Dunham. Smith appealed his conviction and sentence and the order denying his motion for new trial. Finding no reversible error with respect to the convictions, the Supreme Court affirmed, but remanded for re-sentencing. View "Smith v. Georgia" on Justia Law

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Chinua Plez was tried by jury and convicted of murder and other crimes in connection with the 2011 fatal stabbing of Gary Bussey. Plez appeals, contending: (1) the evidence was insufficient to sustain his convictions; (2) the trial court erred when it refused to charge the jury on voluntary manslaughter as a lesser included offense; and (3) that it erred when it admitted certain photographs of the victim as evidence at trial. Upon review of the record and briefs, the Supreme Court found no error, and affirmed. View "Plez v. Georgia" on Justia Law

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Appellant John Wyatt was tried and convicted of murder in connection with the death of 2-year-old Andrea Marginean. Wyatt appealed, claiming that the evidence was insufficient to sustain his conviction and that the trial court erred by allowing the State’s medical expert to offer opinion testimony concerning Shaken Baby Syndrome. Finding no error, the Supreme Court affirmed. View "Wyatt v. Georgia" on Justia Law

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Earlin Turner was tried by jury and found guilty of malice murder, felony murder, aggravated assault, and various other offenses in connection with the shooting death of Damodar Pathak. On appeal, Turner contended only that his trial counsel was ineffective for failing to pursue a particular defense theory and for failing to properly advise Turner about his right to testify at trial. Finding no reversible error, the Supreme Court affirmed. View "Turner v. Georgia" on Justia Law

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Benny Kimbrough appealed a trial court’s order denying his 2015 motion to vacate as void his sentence of life in prison without the possibility of parole, which was imposed under OCGA 17-10-7 (b) for a murder he committed in 2004 after being convicted of kidnapping in Florida in 1994. Finding no reversible error, the Supreme Court affirmed. View "Kimbrough v. Georgia" on Justia Law

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Appellant Shaheed Huff was convicted of malice murder, aggravated assault, and possession of a firearm during the commission of a felony in connection with the 2012 shooting death of Graham Sisk. The trial court denied Huff’s motion for new trial, and he appealed, arguing the evidence was insufficient to support his conviction, that the trial court erred in its charge to the jury and that he received ineffective assistance of trial counsel. Finding no reversible error, the Supreme Court affirmed. View "Huff v. Georgia" on Justia Law

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Following the denial of his motion for new trial, as amended, Sean Mosley appeals his convictions and sentences for malice murder and possession of a knife during the commission of a crime in connection with the 2011 fatal stabbing of Michael Coleman. Mosley challenged the sufficiency of the evidence of his guilt and the trial court’s supplementation of the record of his trial. Finding the challenges to be without merit, the Supreme Court affirmed. View "Mosley v. Georgia" on Justia Law

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Appellant Superiore Allen was indicted and tried along with Brandon Norwood and Santonio Lucas, and was convicted of malice murder and other crimes arising from the 2009 shooting deaths of Vandit Patel and Jimmy Prak. Appellant contended the evidence presented at trial was legally insufficient to support his convictions and that the trial court erred in failing to dismiss two counts of the indictment against him and in admitting certain evidence. Finding no reversible error, the Supreme Court affirmed. View "Allen v. Georgia" on Justia Law

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Quinnard Gibson was tried by jury and convicted of murder in connection with the 2011 fatal beating of Shannon Stanley. Gibson appealed, contending: (1) that the evidence was legally insufficient to sustain his conviction; (2) the trial court erred when it admitted evidence of a similar transaction; and (3) that it erred when it excluded evidence that Stanley had a reputation for violence. Upon review of the record and briefs, the Supreme Court found no error, and affirmed. View "Gibson v. Georgia" on Justia Law