Justia Georgia Supreme Court Opinion Summaries

In 2004, appellant Gustavo Cisneros was indicted, along with eight others, for crimes related to a series of home invasions in Gwinnett County. In 2008, following a separate jury trial at which two of his co-indictees testified, appellant was found guilty of six counts of armed robbery, eight counts of burglary, two counts of criminal attempt to commit armed robbery, two counts of aggravated sexual battery, and one count of sexual battery. His convictions were affirmed in part and reversed in part on appeal to the Court of Appeals. He raised a number of issues on appeal, primarily challenging the sufficiency of the evidence presented against him at trial and that the Court of Appeals erred in the conclusions it drew in its judgment of conviction. Finding none of these arguments availing, the Supreme Court affirmed appellant's convictions. View "Cisneros v. Georgia" on Justia Law

Appellant Marcus Mullins appealed his convictions for felony murder and related crimes stemming from the death of Damien Daniels. On the night in question, appellant and his friends Thomas Harris, Kenneth Dwight, and Karalo Brownlee, attended a house party in DeKalb County. Some partygoers spilled out from the house into the street. Daniels and his friends were socializing and drinking at a house two doors down from the party. Daniels’s friends testified that he was intoxicated and was dancing on cars with his shirt off during the party. At some point, gunshots rang out and some partygoers decided to leave. While attempting to move his car in order to make a U-turn, appellant almost hit Daniels leading the two young men to exchange angry words, and, according to Harris’s testimony as well as the testimony of another witness, appellant brandished a gun at Daniels. Several minutes later, a second encounter occurred between appellant and Daniels. Harris testified that as appellant was completing the U-turn to leave the neighborhood, appellant told Harris, “I’m going to get him,” referring to Daniels. Harris testified appellant drove near Daniels, stopped the vehicle, placed one foot outside of his vehicle and began shooting. Harris also said that as appellant was stepping out of the car with one foot, appellant told Daniels to “come here.” Several eyewitnesses testified Daniels was shirtless and unarmed when appellant shot him. Appellant shot Daniels five times and Daniels died from gunshot wounds to his torso. Appellant appealed, alleging multiple errors at trial. Seeing "no basis to reverse appellant's conviction," the Supreme Court affirmed his convictions. View "Mullins v. Georgia" on Justia Law

The Georgia Supreme Court granted Jesus Garibay’s application for a certificate of probable cause to appeal to address whether the habeas court erred in dismissing his habeas petition for failure to prosecute where no written order was taken within five years even though the petition had been orally denied at an earlier hearing and all that remained in the proceeding was for the habeas court to enter an order memorializing its ruling. Concluding that Garibay’s petition was improperly dismissed, the Supreme Court reversed the habeas court’s order and remanded this matter to the habeas court. View "Garibay v. Terry" on Justia Law

Appellant Paulette Pippen was convicted of felony murder and cruelty to a person 65 years of age or older in connection with the November 2010 death of Joseph Ray. Pippen appealed, alleging that the evidence was insufficient to sustain her conviction, that the trial court gave erroneous jury instructions, and that she received ineffective assistance of counsel. Finding no error, the Supreme Court affirmed. View "Pippen v. Georgia" on Justia Law

Michael Angelo Foster was found guilty by jury of felony murder and first degree cruelty to children in connection with the beating death of fifteen-month-old Malcolm Lewis. On appeal, Foster argued the evidence presented at trial was insufficient to support the verdict and that the trial court erred in denying his motion for a continuance. Finding no error, the Supreme Court affirmed. View "Foster v. Georgia" on Justia Law

In 2012, Esther Primack entered a non-negotiated guilty plea to second degree cruelty to children based on her failure to seek medical treatment for her four-year-old daughter after Primack’s boyfriend had broken the child’s leg. Primack was sentenced to ten years in prison. In 2015, Primack filed a petition for habeas corpus relief in which she argued that her plea counsel was ineffective in several respects and that her guilty plea was not entered knowingly and voluntarily because she did not understand the meaning of “criminal negligence” when she entered her plea. The habeas court granted relief to Primack on her claims of ineffective assistance and on her claim that she had not entered her guilty plea knowingly and voluntarily. Kathleen Kennedy, in her capacity as warden, appealed that ruling. After review, the Georgia Supreme Court found that the habeas court properly granted relief to Primack on the ground that she did not enter her guilty plea knowingly and voluntarily, and affirmed the habeas court’s ruling on that basis alone. The Supreme Court did not address the habeas court’s ruling on the ineffectiveness of her plea counsel. View "Kennedy v. Primack" on Justia Law

Nathaniel Brittian was convicted by jury of malice murder, aggravated assault, and possession of a firearm during the commission of a crime. He appealed, contending that he received ineffective assistance of counsel and that the trial court erred by denying his motion for continuance and improperly rehabilitating a juror. Finding no error, the Supreme Court affirmed Brittian's convictions. View "Brittian v. Georgia" on Justia Law

Deron Wallace was tried by jury and convicted of murder, armed robbery, two counts of theft by taking, and unlawful possession of a firearm during the commission of a felony, all in connection with the fatal shooting of Robert Pett. Wallace appealed, contending only that the trial court erred when it rejected his claim of selective prosecution, which he based on the determination of the prosecuting attorney to prosecute one of Wallace’s accomplices for crimes less serious than murder. The Supreme Court reviewed Wallace's arguments on appeal and found no merit in the claim of selective prosecution. The Court did note that the trial court erred at sentencing when it failed to merge the thefts with the armed robbery. Accordingly, the Court vacated the convictions and sentences for theft by taking, but otherwise affirmed. View "Wallace v. Georgia" on Justia Law

Appellant Tommie Lee Bullard appealed after he was convicted of malice murder and other crimes related to the 2011 stabbing death of the victim, Willie White. On appeal, appellant argued that the State violated his right to remain silent and that the trial court erred in failing to grant his motion for a mistrial that was based on that violation. Finding no error, the Supreme Court affirmed. View "Bullard v. Georgia" on Justia Law

Appellant Octavious Turner was convicted of malice murder and another charge in connection with the 2011 shooting death of Quintaveis Johnson. He appealed, arguing, inter alia, the trial court erred in permitting the State to ask prospective jurors whether they would be able to find a defendant guilty based solely on the testimony of a single witness. Finding no enumerated error, the Georgia Supreme Court affirmed on the merits, but vacated and remanded to enable the trial court to address a sentencing error. View "Turner v. Georgia" on Justia Law