Justia Georgia Supreme Court Opinion Summaries

Appellant William Shelton was tried by a jury in the Pike County Superior Court and convicted of malice murder and robbery by force. He was sentenced to life in prison. On direct appeal in 2005, the Georgia Supreme Court affirmed Shelton’s convictions and rejected, among other things, an evidentiary challenge to venue in Pike County, because, even though conflicting evidence was presented regarding where the injury causing death was inflicted, the body was discovered there. In 2013, Shelton filed a petition for habeas relief, arguing that his due process rights were violated by the instruction to the jury which closely tracked language found in OCGA 17-2-2 (c). Shelton argued that the statute's language instructed the jury to consider the cause of death to have occurred where the body was found and unconstitutionally shifted the burden of proving venue to the defendant. The habeas court found this issue was barred by res judicata because the issue of whether venue was established in Pike County was raised and ruled upon in the direct appeal. The Supreme Court agreed with Shelton that a due process challenge to the jury instruction on venue was neither raised nor ruled upon in his direct appeal. However, the Court concluded that the challenge to the venue instruction as burden-shifting was meritless, and the failure of Shelton's trial and appellate counsel to raise the challenge was neither deficient nor did it cause Shelton prejudice. View "Shelton v. Lee" on Justia Law

In a habeas corpus proceeding, the Chattooga County Superior Court set aside Jason Hopson’s rape conviction due to the conduct of former Fulton County assistant district attorney Ashutosh Joshi, which, the habeas court concluded, violated Hopson’s constitutional right to due process at his trial. Joshi’s conduct after Hopson’s trial was unprofessional, and the Georgia Supreme Court previously ordered that Joshi be publicly reprimanded for his ethical violation. However, the Supreme Court reversed the habeas court’s order granting relief, primarily because the factual findings underlying the habeas court’s conclusions that constitutional violations occurred at Hopson’s trial were clearly erroneous. View "Washington v. Hopson" on Justia Law

Appellant Dag Luquinciette Rhodes was convicted of malice murder, felony murder, armed robbery, and possession of a firearm during the commission of a crime, along with other related offenses, in connection with the 1998 shooting deaths of Frederick and Yong-Suk Walker. His motion for a new trial was denied, and he appealed, arguing that the State withheld exculpatory evidence from him. Finding no error, the Supreme Court affirmed. View "Rhodes v. Georgia" on Justia Law

Jermichael Simmons appealed his convictions and sentences for malice murder, rape, and aggravated sodomy in connection with the 2013 death of Jennifer Sutton. He alleged a number of errors at trial (the admission of certain evidence and the prosecutor's opening statement), in addition to receiving constitutionally ineffective assistance of counsel warranted reversal of his convictions. Finding no error, the Georgia Supreme Court affirmed Simmons' convictions. View "Simmons v. Georgia" on Justia Law

In December 2011, a grand jury indicted Scottie Propst on thirteen charges, including multiple counts of armed robbery, aggravated battery, aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a felony. Propst appealed his convictions and sentences, arguing among other things, the constitutionality of OCGA 16-3-24.2. Propst claimed that OCGA 16-3-24.2 violated his right to equal protection under the Georgia and United States Constitutions. Finding no error, the Georgia Supreme Court affirmed. View "Propst v. Georgia" on Justia Law

Steven Green appealed after his motion for new trial following his convictions for malice murder, burglary, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon was denied. Green was charged in connection with the fatal shooting of Anthony Augustus and the aggravated assault of Shyrome Marshall, as well as the burglary of Marshall’s home. Green's motion was based on his claim of ineffective assistance of trial counsel. Green contends that he established that counsel had a conflict of interest that significantly and adversely affected his representation. The Supreme Court found that Green failed to establish his counsel's decision was as a result of a conflict of interest, as opposed to a "reasonable strategic decision." Accordingly, Green's conviction was affirmed. View "Green v. Georgia" on Justia Law

Appellant Dwayne Myers appealed after he was convicted for the 2012 felony murder of Edward Davidson. He was indicted with two others. On appeal, Myers challenged the sufficiency of the evidence presented against him at trial, and alleged other trial court errors warranted reversal of his conviction. Finding no error, the Georgia Supreme Court affirmed Myers' conviction. View "Myers v. Georgia" on Justia Law

Along with several co-defendants, Milton Blackledge was tried by jury and convicted of murder, violation of the Georgia Street Gang Terrorism and Prevention Act (the “Street Gang Act”), and other crimes, all in connection with the 2007 killing of Justin Brown. Blackledge appealed, arguing: (1) that the evidence was insufficient to sustain his conviction for violation of the Street Gang Act; (2) that the trial court erred when it refused to sever his trial from that of his co-defendants, and (3) that the trial court erred when it admitted certain evidence. Finding no reversible error, the Georgia Supreme Court affirmed. View "Blackledge v. Georgia" on Justia Law

Appellant Jack Scott was indicted in January 2015 on two counts of "obscene Internet contact with a child," arising from alleged sexually explicit online communications in which he took part in late 2013 with a minor under the age of 16. Scott filed a general demurrer, contending that OCGA 16-12-100.2 (e) 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 by granted a certificate of immediate review. Scott then filed an application for interlocutory appeal. After granting that application and reviewing the trial court record, the Georgia Supreme Court held that, when properly construed, subsection (e) did not effect a real and substantial constraint upon constitutionally protected expression. Subsection (e) therefore did not on its face violate the First Amendment, and the trial court properly denied Scott’s demurrer. View "Scott v. Georgia" on Justia Law

Appellant Quinton Jones was found guilty of malice murder, felony murder, aggravated assault with a deadly weapon, criminal attempt to commit armed robbery, possession of a firearm by a convicted felon, and possession of a firearm during commission of a felony in connection with the 2011 shooting death of Lamaurice Westbrook. Appellant appealed: (1) challenging the sufficiency of the evidence presented against him; (2) asserting that the State failed to prove venue; (3) arguing the trial court erred in admitting similar transaction evidence; and (4) arguing his trial counsel was ineffective. Finding no error, the Georgia Supreme Court affirmed appellant’s conviction for malice murder and possession of a firearm during the commission of a felony. Due to a sentencing error, the Court vacated a portion of the sentencing order and remanded this case back to the trial court for resentencing. View "Jones v. Georgia" on Justia Law