Justia Georgia Supreme Court Opinion Summaries
Articles Posted in Criminal Law
Kimbrough v. Georgia
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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Constitutional Law, Criminal Law
Huff v. Georgia
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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Constitutional Law, Criminal Law
Mosley v. Georgia
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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Constitutional Law, Criminal Law
Allen v. Georgia
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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Constitutional Law, Criminal Law
Gibson v. Georgia
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
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Constitutional Law, Criminal Law
Berrien v. Georgia
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
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Constitutional Law, Criminal Law
Dennis v. Georgia
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
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Constitutional Law, Criminal Law
Southall v. Georgia
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
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Constitutional Law, Criminal Law
English v. Georgia
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
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Constitutional Law, Criminal Law
Johnson v. Georgia
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
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Constitutional Law, Criminal Law