Justia Georgia Supreme Court Opinion Summaries

Roger Brown was convicted by jury for the 2008 malice murder and aggravated assault of Dennis Freeman, and the aggravated assault of Roger Emory. Brown contended, among other things, that the trial court gave incomplete jury instructions and that he received ineffective assistance of trial counsel. Finding no reversible error in the trial court's judgment, the Supreme Court affirmed Brown's conviction. View "Brown v. Georgia" on Justia Law

Gary Mosley was tried by jury and convicted of murder and other crimes, all in connection with the 2010 killing of Justin Evans. Mosley appealed, contending that the trial court erred when it admitted hearsay evidence on four occasions at trial. Finding no reversible error, the Supreme Court affirmed the conviction. View "Mosley v. Georgia" on Justia Law

Shawn Perdue appealed his conviction and sentence for malice murder and the denial of his motion for new trial, as amended, in connection with the 2008 death of his girlfriend’s infant daughter, Kyliah Mack. The infant wouldn't stop crying as Perdue was babysitting, and "shook her with some force for three to five minutes and without supporting her head." The child was taken to the emergency room, but found unresponsive. Perdue told the emergency room doctor that he had given Kyliah something to drink, left, and then came back five to ten minutes later to find her unresponsive. However, Perdue’s story did not square with how long the infant had been dead, so the doctor contacted the coroner and the Richmond County Sheriff’s Office. He challenged the trial court’s exercise of discretion in denying him a new trial and the effectiveness of his trial counsel. Finding no merit to the challenge, the Supreme Court affirmed. View "Perdue v. Georgia" on Justia Law

Appellant Curtis Bonman was found guilty of malice murder and other related crimes arising out of the shooting death of Charlie Davis, Jr. His motion for new trial was denied, and on appeal, he argued that the trial court erred by refusing to give his requested charge on involuntary manslaughter. Finding no reversible error, the Supreme Court affirmed. View "Bonman v. Georgia" on Justia Law

Jaferell Grant appealed the denial of his motion for new trial, as amended, and his convictions and sentences for felony murder while in the commission of aggravated assault and possession of a firearm during the commission of the felony of aggravated assault in connection with the fatal shooting of Stephen Davis. On appeal, Grant challenged: (1) the sufficiency of the evidence of his guilt; and (2) the denial of his motion for a mistrial based upon allegedly improper and prejudicial character evidence from a State’s witness. Finding no merit to these challenges, the Supreme Court affirmed. View "Grant v. Georgia" on Justia Law

Appellant Danny Anthony was tried by jury and convicted of murder. He appealed, contending: (1) that the evidence was legally insufficient to sustain his convictions and that the trial court erred when it denied his motion for pretrial immunity; (2) the trial court erred when it failed to excuse a prospective juror for cause, when it admitted evidence of other acts of the appellant; and (3) the trial court erred when it charged the jury. After its review of the trial court record and the parties' briefs submitted on appeal, the Supreme Court found no reversible error, and affirmed. View "Anthony v. Georgia" on Justia Law

Chernard Carter and his two co-defendants were involved in a gunfight at an apartment complex, and a stray bullet killed Lynette Reese. Carter was charged, in relevant part, with malice murder and three counts of felony murder predicated on aggravated assault. At trial, the jury was also instructed on provocation and voluntary manslaughter as a lesser included offense of both malice murder and felony murder. The jury found Carter not guilty of malice murder and not guilty of voluntary manslaughter as a lesser included offense of malice murder. The jury also found Carter not guilty of each count of felony murder. However, it found him guilty of voluntary manslaughter as a lesser included offense of each count of felony murder. Thus, Carter had been found guilty of voluntary manslaughter as a lesser included offense of the alleged felony murder of Reese, but had also been found not guilty of voluntary manslaughter as a lesser included offense of the alleged malice murder of Reese. On appeal, Carter argued that the verdict was an impermissible “repugnant verdict” because he was found “both not guilty and guilty” of the same crime of voluntary manslaughter with respect to the same victim (Reese). The Court of Appeals upheld the voluntary manslaughter conviction. After review of Carter's arguments on appeal of the Court of Appeals, the Supreme Court disagreed with some of the Court of Appeals’ reasoning, but nevertheless concluded that the Court of Appeals ultimately reached the correct result in upholding Carter’s conviction for voluntary manslaughter. View "Carter v. Georgia" on Justia Law

Tremaine Pyatt was tried by a jury and convicted of felony murder and two aggravated assaults, all in connection with a shooting in which Meredith “Tag” Rhodes was fatally wounded. Pyatt appealed, contending: (1) that the evidence was insufficient to sustain his convictions; (2) that the trial court erred when it admitted certain evidence; (3) that the trial judge made an improper comment in the presence of the jury; (4) that the trial court erred when it charged the jury; (5) that he was denied a trial before a fair and impartial judge; and (6) that he was denied the effective assistance of counsel. Finding no reversible error, the Supreme Court affirmed. View "Pyatt v. Georgia" on Justia Law

In "Sentinel Offender Services, LLC. v. Glover," (766 SE2d 456) (2014)), the Georgia Supreme Court concluded that Georgia’s private probation statutory framework (OCGA 42-8-100 et seq.) did not allow for the tolling of misdemeanor probationers’ sentences. As noted in "Sentinel I," however, that case provided no occasion to consider whether such tolling might be permissible as a matter of common law, and, if so, whether this tolling doctrine had been abrogated by legislation. The United States District Court for the Southern District of Georgia certified questions of Georgia law to the Supreme Court relating to the tolling issue. Richard Anderson filed a complaint against Sentinel Offender Services, LLC. (“Sentinel”), seeking relief for false arrest, malicious arrest, malicious prosecution, intentional infliction of emotional distress, and false imprisonment stemming from his arrests for violations of his probation, which had been deemed tolled; Sentinel subsequently moved for summary judgment. The district court concluded that Anderson’s civil action hinged on the question of common-law tolling. The Supreme Court responded to the district court's questions with conclusions that: (1) common law tolling remained in force with respect to misdemeanor probation; and (2) common law tolling was not abrogated by the State-wide Probation Act. View "Anderson v. Sentinel Offender Services, LLC" on Justia Law

Appellant Courtney Franklin was convicted of murder and related offenses in connection with the April 2007 shooting death of Christopher Crawford. Franklin appealed, contending that his trial counsel rendered ineffective assistance and that the trial court erred in admitting certain evidence and in refusing the jury’s request for written instructions. Finding no error, the Georgia Supreme Court affirmed. View "Franklin v. Georgia" on Justia Law