Justia Georgia Supreme Court Opinion Summaries

Appellant Jessica Shah was found guilty of felony murder and two counts of first degree cruelty to children in connection with the death of her infant daughter, Alejandra. Because the trial court erred in not granting Appellant’s request for a jury instruction on reckless conduct as a lesser included offense of first degree cruelty to children, the Supreme Court reversed and remanded for further proceedings. View "Shah v. Georgia" on Justia Law

At issue in these cases was what happens when the State fails to file a petition alleging delinquency against a juvenile who was not detained within 30 days of the filing of the complaint or seek an extension of that deadline from the juvenile court. In In the "Interest of M.D.H.," (779 SE2d 433 (2015)), a panel of the Court of Appeals held that the failure to comply with section 15-11-521(b) required dismissal of the juvenile case, but the dismissal was without prejudice. Three days later, in "Interest of D.V.H.," (779 SE2d 122 (2015)), a different panel answered the same question the opposite way, concluding that a violation of section 15-11-121(b) required dismissal with prejudice. The Supreme Court granted certiorari in both cases, asking whether the Court of Appeals correctly applied OCGA section 15-11-521 (b). The Supreme Court held that if the State fails to file a delinquency petition within the required 30 days or to seek and receive an extension of that deadline, the case must be dismissed without prejudice. Accordingly, the Court affirmed the Court of Appeals’ judgment in M.D.H., and reversed the judgment in D.V.H. View "In the Interest of M.D.H." on Justia Law

This issue presented in this interlocutory appeal centered on a facial constitutional challenge to OCGA 20-2-1182, which criminalized upbraiding, insulting, or abusing a public school teacher, administrator, or bus driver in the presence of a pupil while on the premises of a public school or school bus. Appellant Michael West was arrested and charged under the statute, and he thereafter filed a general demurrer, contending, among other things, that the statute was unconstitutionally overbroad in violation of the right to free speech guaranteed under the First Amendment to the United States Constitution. The trial court denied the demurrer but granted West a certificate of immediate review; West subsequently filed an application for interlocutory appeal, and the Georgia Supreme Court granted the application to review the substance of West’s constitutional challenge. The Court agreed with West that OCGA 20-2-1182 was unconstitutionally overbroad and reversed the judgment of the trial court. View "West v. Georgia" on Justia Law

Appellant Octavious Burney appealed after he was convicted by jury for malice murder and a firearm offense in connection with the shooting death of Leonard Young. Appellant contended that the trial court applied the wrong standard in denying his motion for new trial, abused its discretion in denying his motions to strike four potential jurors for cause, deprived him of his constitutional right to be present at all critical stages of the trial with respect to juror notes to the court, and violated OCGA 17-8-57 by commenting on the evidence in front of the jury. Appellant also argued that he was denied the effective assistance of counsel. Finding no reversible error, the Supreme Court affirmed. View "Burnley v. Georgia" on Justia Law

Garrett Lee Bailey appeals his convictions for malice murder, cruelty to children in the first degree, and making false statements to law enforcement officers in connection with the death of his girlfriend’s sixteen-month-old son. He challenged the admission of certain testimony at trial and the sufficiency of the evidence of his guilt. Finding no reversible error, the Supreme Court affirmed. View "Bailey v. Georgia" on Justia Law

Ernest Airokhai Huff was tried by jury, and convicted of the murders of James Isaac, Ferris Weston, and Brian White, as well as conspiracy to traffic in cocaine. Huff appealed, asserting that the trial court erred when it denied his motion to suppress his custodial statement, that the trial court erred when it admitted certain evidence at trial, and that he was denied the effective assistance of counsel. Upon its review of the record and briefs, the Supreme Court found no error, and affirmed. View "Huff v. Georgia" on Justia Law

Appellant Fernando Hernandez challenged his convictions for malice murder and a firearm offense in connection with the shooting death of Edgar Rodriguez-Gonzalez. Appellant argued that the trial court erred in allowing the jurors to submit questions to be asked to the witnesses and in ruling that part of his custodial statement to the police was admissible. He also claimed that his trial counsel provided ineffective assistance. Finding no reversible error, the Supreme Court affirmed. View "Hernandez v. Georgia" on Justia Law

Appellant Dijuan Marshall was convicted of felony murder and related crimes in connection with a home invasion during which Joshua Scott was shot and killed. Appellant’s motion for new trial was denied, and appealed, arguing his trial counsel rendered ineffective assistance by failing to object to certain evidence adduced by the State at trial. Finding no reversible error, the Supreme Court affirmed Marshall's convictions. View "Marshall v. Georgia" on Justia Law

Appellant Lonnie Ragan was convicted of murder and related offenses in connection with the murder of Holly Hearn. Appellant argued on appeal that the trial court committed reversible error by failing to grant his motion for mistrial and by admitting in-life photographs of the victim adduced by the State. Finding no reversible error, the Supreme Court affirmed. View "Ragan v. Georgia" on Justia Law

In 2010, a grand jury indicted Erik Williams, Jr. for the murder of Deangelo Hudgins and the aggravated assault of Albert Gilbert. Williams appealed the eventual convictions on those charges, arguing the trial court erred in denying his motion for a new trial, and for other alleged errors in the conduct of trial. Finding no error, the Supreme Court affirmed Williams' convictions. View "Williams v. Georgia" on Justia Law