Justia Georgia Supreme Court Opinion Summaries

Appellant Michael Berrien challenged the trial court’s order denying his motion to withdraw his guilty plea to felony murder in connection with the shooting death of Marcus Collins. Finding no reversible error in the trial court’s judgment, the Supreme Court affirmed. View "Berrien v. Georgia" on Justia Law

In 1998, a 17-year-old Robert Dennis pled guilty to several charges, including malice murder, in connection with the 1997 shooting death of Louise Carter. Dennis was sentenced, in relevant part to this appeal, to life in prison without the possibility of parole for malice murder. In 2015, the State filed a motion to amend Dennis’ sentence based on the United States Supreme Court’s decision in “Miller v. Alabama.” After a resentencing hearing, the trial court reduced Dennis’s malice murder sentence from life without the possibility of parole to life with the possibility of parole. Dennis appealed pro se that resentencing ruling, challenging the trial court’s authority to resentence him. However, finding that the 1998 sentence was made void by “Miller,” and subject to a challenge on Eighth Amendment grounds at any time. Finding that indeed, the trial court had authority to resentence, the Supreme Court affirmed the new sentence. View "Dennis v. Georgia" on Justia Law

Amos Southall was tried by jury and convicted of murder and another crime in connection with the killing of Michelle Hainley. Southall appealed, contending that he was denied due process when the prosecution failed to disclose evidence that a material witness hoped to benefit from his testimony against Southall. Upon review of the record and briefs, the Supreme Court found no error and affirmed. View "Southall v. Georgia" on Justia Law

James English appeals his convictions after a jury convicted him for the malice murder of Ricky Payne and first degree arson. English argued the trial court committed plain error by not providing a jury charge regarding the corroboration of confessions. Finding no reversible error, the Supreme Court affirmed. View "English v. Georgia" on Justia Law

Appellant Gregory Johnson was convicted of felony murder in connection with the shooting death of Hugh Ethridge. Johnson appealed, claiming, among other things, that the evidence presented at trial was insufficient to sustain his conviction. Finding no reversible error, the Supreme Court affirmed appellant’s conviction. View "Johnson v. Georgia" on Justia Law

Kyro Morrison was tried by jury and convicted of the murder of Vonyell Byrd, as well as unlawful possession of a firearm during the commission of a felony. Morrison appealed, contending that the evidence was legally insufficient to sustain his convictions and that he was denied the effective assistance of counsel. After review of the record and briefs, the Supreme Court found no error, and affirmed. View "Morrison v. Georgia" on Justia Law

Jonathan Kilgore appealed the denial of his motion for new trial (as amended), and his convictions and sentences for felony murder while in the commission of aggravated assault, aggravated assault, and two counts of possession of a firearm during the commission of a felony in connection with the fatal shooting of John Reid and the firing of a handgun at Jarvis Winder. Kilgore challenged certain portions of the State’s closing argument as improperly commenting on his right to remain silent and as being burden shifting; he also challenged the effectiveness of his trial counsel for not objecting to the allegedly improper comments. Finding no merit to any of these contentions, the Supreme Court affirmed. View "Kilgore v. Georgia" on Justia Law

Jerome Upshaw was tried by jury and convicted of murder and unlawful possession of a firearm during the commission of a felony in connection with the 1996 fatal shooting of Joanne Walton. Upshaw appealed, contending that: (1) the trial court erred when it limited his cross-examination of one prosecution witness; (2) when it refused to grant a mistrial after another prosecution witness refused to be cross-examined; and (3) when it excepted the lead detective from the rule of sequestration. After review of the record and briefs, the Supreme Court noted that the trial court erroneously sentenced Upshaw for both malice murder and felony murder, and vacated the conviction and sentence for felony murder. Finding no other error, the Court affirmed in all other respects. View "Upshaw v. Georgia" on Justia Law

Ramel Brown was convicted by jury for murder and related crimes. Brown was found guilty for gang activity too. The trial court granted Brown’s motion for new trial solely on that count, finding that evidence used to prove that crime at trial was not properly authenticated. The trial court, however, denied Brown’s motion for new trial as to the remaining convictions. Brown argued on appeal to the Georgia Supreme Court that the introduction of improperly authenticated evidence at trial required a reversal of all his convictions. After review of the trial court record, the Supreme Court disagreed with Brown’s proffered reason and affirmed the trial court’s judgment. View "Brown v. Georgia" on Justia Law

Appellant Leslie Mosby was convicted of murder and other offenses arising out of the 2012 shooting death of Theisen Wynn. Mosby appealed: (1) challenging that the evidence did not prove the affirmative defense of self-defense; (2) she received ineffective assistance of trial counsel; and (3) that the trial court erred in denying her motion for a new trial based on the alleged ineffective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed Mosby’s conviction. View "Mosby v. Georgia" on Justia Law