Justia Georgia Supreme Court Opinion Summaries
Articles Posted in Criminal Law
Bowen v. Georgia
Appellant Rodqucas Bowen was found guilty by a jury of felony murder and other crimes in connection with the 2009 shooting death of victim Henry Wright, Jr. The trial court denied appellant’s motion for new trial and he appealed, challenging the sufficiency of the evidence and alleging the trial court erred in limiting the scope of voir dire and in admitting pre-trial photographic identification evidence. Finding no error, the Supreme Court affirmed. View "Bowen v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Kennebrew v. Georgia
Appellant Phillip Kennebrew was found guilty of malice murder, armed robbery, and other crimes in connection with the death of Breyon Alexander. The Supreme Court affirmed the convictions of Mason Babbage and Samuel Hall, who were tried together with Appellant, rejecting their claims of ineffective assistance of counsel. However, each defendant had his own attorney at trial, and Appellant, unlike Babbage and Hall, had shown that his trial counsel was professionally deficient in two significant respects and that, but for those errors, there was a reasonable probability that the result of the trial would have been more favorable to him. Accordingly, the Supreme Court reversed Appellant’s convictions. The Court did find, however, that the evidence presented at trial was legally sufficient to support the convictions, so the Court left it open that the State could retry him if it chose. View "Kennebrew v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Bradford v. Georgia
Appellant Thomas Bradford appealed his convictions for felony murder and possession of a firearm during the commission of a crime in relation to the 2011 shooting death of Raymond Lee. Appellant alleged on appeal: (1) the evidence was insufficient to convict; (2) that the trial court erred by not admitting certain other evidence; (3) that the trial court erred in instructing the jury; and (4) that several bench conferences that took place during trial were not transcribed and that he was excluded from them. Finding no reversible error in the trial court proceedings, the Supreme Court affirmed Appellant's convictions. View "Bradford v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Prince v. Georgia
In 1999, Joseph Tiger Prince was convicted of the malice murder of Edgar Reagan, and, as a recidivist, was sentenced to life in prison without the possibility of parole. Prince filed a “Motion to Vacate a Void Sentence and Mere Nullity Conviction.” The trial court dismissed the motion, in part, because Prince produced no evidence to support his claim that his sentence of life in prison without the possibility of parole was void. Prince appealed. Finding that Prince did not "advance any enumeration of error in regard to the trial court’s ruling on the lack of evidence of a void sentence," and that Prince's motion did not address any issue that would result in a void sentence (and was thus outside the trial court’s jurisdiction), the Supreme Court dismissed his appeal. View "Prince v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Georgia v. Smith
Appellee Robert Lenoris Smith was indicted by grand jury for felony murder and other offenses arising out of the shooting death of Octavius Powell. Smith filed a number of pre-trial motions, including a motion to suppress evidence of an oral admission, written statements, and video recordings of any statement made to law enforcement officers while in custody. After conducting a "Jackson-Denno" hearing, the trial court entered an order: (1) suppressing the admission of such evidence; (2) finding that the State failed to prove by a preponderance of the credible evidence that the statement of defendant was freely, voluntarily, knowingly, and understandably made and entered; and (3) the statement was made and entered without any undue influence, compulsion, duress, promise of benefit, or fear of injury. The State appealed, but finding no reversible error, the Supreme Court affirmed the trial court's ruling. View "Georgia v. Smith" on Justia Law
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Constitutional Law, Criminal Law
Bradshaw v. Georgia
Appellant Roy Bradshaw was tried and convicted of malice murder and related offenses in connection with the March 2008 beating death of Earl Gill. Bradshaw appealed, arguing he received ineffective assistance of counsel and arguing that the trial court erred in admitting his custodial statements at trial. Finding no error, the Supreme Court affirmed. View "Bradshaw v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Capps v. Georgia
Following the denial of his motion for new trial, as amended, William Capps appealed his conviction and sentence for malice murder in connection with the 2005 shooting death of Ernest Morocco “Rocco” Lattimore. He challenged the effectiveness of his trial counsel and the trial court’s alleged refusal to allow him to inquire into whether there was an improper communication to the jury. Finding no merit to these challenges, the Supreme Court affirmed the conviction and sentence. View "Capps v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Robbins v. Georgia
A jury found Robert Robbins guilty of felony murder, aggravated assault, and aggravated battery in connection with the beating death of his wife, Susan. On appeal, Robbins contended that the trial court erred in allowing certain statements of the deceased victim to be admitted into evidence at trial and that his trial counsel was ineffective. Finding no reversible error or ineffective assistance of trial counsel, the Georgia Supreme Court affirmed the conviction. View "Robbins v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Blackmon v. Georgia
A jury convicted appellant John Blackmon of felony murder and other offenses in connection with the 2013 shooting death of Timothy Blalock and the aggravated assault and aggravated battery of Timothy Ghiden. Blackmon appealed the denial of his motion for new trial, contending that the trial
court erred by failing to suppress the results of an impermissibly suggestive photographic lineup, thereby violating his right to due process, and denying his motion for directed verdicts. The Supreme Court found no merit in his claims, but in its review of the record, the Court found the trial court erred when it failed to sentence him for unlawful possession of a firearm by a convicted felon. Accordingly, the Court affirmed in part, vacated in part, and remanded this case for resentencing. View "Blackmon v. Georgia" on Justia Law
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Constitutional Law, Criminal Law
Rozier v. Caldwell
In 2008, a jury found appellant Christopher Rozier and his co-defendant, Xavier Dyer, guilty of murder and other crimes in connection with the death of Rufus Richardson. They appealed, and the Georgia Supreme Court affirmed both of their convictions. In 2011, appellant filed a habeas petition, alleging that his appellate counsel had been constitutionally ineffective in failing to contend that his trial counsel had been ineffective in several respects. The habeas court denied relief finding no constitutionally deficient representation. The Supreme Court then granted appellant’s application to appeal to consider whether the trial court erred in erred in ruling that appellant did not receive ineffective assistance of appellate counsel. Finding no reversible error, the Court affirmed. View "Rozier v. Caldwell" on Justia Law
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Constitutional Law, Criminal Law