Justia Georgia Supreme Court Opinion Summaries

This murder case was tried after January 1, 2013, the effective date of the new Evidence Code. The issue presented on appeal to the Georgia Supreme Court was whether the admission of "other acts" evidence to prove identity, motive and course of conduct was made in error. After review of the trial court record, the Supreme Court found the trial court erred in admitting the other acts evidence and that the error was not harmless. The Court reversed appellant’s conviction. View "Brooks v. Georgia" on Justia Law

Appellant Demarcus Graves was convicted of malice murder and related offenses in connection with the 2011 shooting death of Samuel Landers. Graves appealed his convictions on the grounds that the evidence was insufficient, that the trial court improperly admitted similar transaction evidence, and that he was entitled to a mistrial after the State elicited improper character evidence. The Supreme Court found no merit to these contentions, however, the Court did find error in certain aspects of Graves’ sentences. The Court vacated and remanded for resentencing. View "Graves v. Georgia" on Justia Law

The Georgia Supreme Court granted certiorari to address whether, absent the consent of the State, a trial court has the authority to enter judgment and impose sentence on a guilty plea to an uncharged, lesser included offense, and what authority, if any, the State has to withdraw its consent to a negotiated plea upon learning of the trial court’s intention to reject the State’s recommended sentence and impose a lighter one. Terry Kelley was indicted for felony murder and other crimes for his participation in an armed robbery attempt that resulted in the death of a participant in the crime. In October 2012, the parties reached a plea agreement: Kelley would plead guilty to the reduced charge of voluntary manslaughter, he would testify truthfully against his co-defendants, and the State would nolle prosse the remaining charges and recommend a 20-year sentence. The trial court heard the factual basis for the plea, engaged in a colloquy with Kelley, and heard from various character witnesses. Thereafter, the court accepted Kelley’s guilty plea to voluntary manslaughter but sentenced him to a term of only ten years, with five to be served in prison and the balance on probation; the trial court also ordered Kelley to testify truthfully against his co-defendants. After review, the Supreme Court concluded that the trial court did not have the authority to accept a guilty plea to an uncharged, lesser included offense without the consent of the State, and that, where the State makes a timely and specific objection, it has the legal authority to withdraw its consent from a negotiated plea and demand a trial when it learns that the trial court does not intend to follow the sentencing. View "Georgia v. Kelley" on Justia Law

Appellant John Smith was convicted of murder and related offenses in connection with the August 2005 shooting death of Betty Gaines. Smith appealed, alleging insufficient evidence and ineffective assistance of trial counsel. Finding no reversible error, the Supreme Court affirmed. View "Smith v. Georgia" on Justia Law

In this case's first appearance before the Georgia Supreme Court, the Court held that the evidence was legally sufficient to support appellant Michael Gomillion’s convictions relating to the shooting death of Clyde Chaney. The Court also held that, in denying appellant’s motion for new trial, the trial court failed, in response to appellant’s request, to exercise its discretion to review the evidence as a thirteenth juror. Without addressing appellant’s remaining enumerations of error, the Court vacated the order denying the motion for new trial and remanded the case for the trial court to apply the proper standard to the general grounds. On remand, the trial court exercised its discretion as a thirteenth juror and denied the motion for new trial. Appellant then filed this appeal. Finding no abuse of the trial court's discretion, the Supreme Court affirmed its judgment. View "Gomillion v. Georgia" on Justia Law

A grand jury indicted Christopher Hudson for malice murder, felony murder, and armed robbery. As evidenced by Hudson’s videotaped admission and surveillance footage, in 1994, Hudson murdered John Thomas Swartz by repeatedly stabbing him with a screwdriver. At the time, Hudson was committing an armed robbery of the Big A Bottle Shop in Athens. After fully confessing to the crimes, Hudson entered a guilty plea to malice murder and armed robbery. The count of felony murder was nolle prossed, and the State agreed not to seek the death penalty. Hudson was sentenced to life without parole for malice murder and a concurrent term of life imprisonment for armed robbery. In 2015, Hudson filed an untimely motion to withdraw his guilty plea and moved for an out-of-time appeal, which was denied. Hudson appealed that denial, but finding no reversible error, the Supreme Court affirmed. View "Hudson v. Georgia" on Justia Law

Appellant Jaworski Kellam was convicted of malice murder and other charges arising out of the 2005 death of seventeen-month-old A’Trevia Davis. He appealed, alleging the trial court erred in denying his requests to charge the jury on "accident" and involuntary manslaughter. Finding no error, the Supreme Court affirmed. View "Kellam v. Georgia" on Justia Law

In 2011, John Walker was sentenced to five years’ probation under the Georgia First Offender Act. Walker contended that his probation officer prepared a petition for early termination of probation and that a judge signed an order terminating his probation; however, no termination order was ever filed. Walker contended that there was "overwhelming" evidence that Chief Probation Officer Chiquiti Dean destroyed the order terminating Walker’s probation without the consent or knowledge of the judge who signed the order, and, as a consequence, Walker was arrested and detained for 21 days on a subsequent probation revocation warrant before a trial court dismissed the probation revocation proceedings. In 2015, Walker filed a petition for declaratory judgment and a writ of mandamus, alleging that Officer Dean was not bonded by Georgia law, and that the Georgia Department of Administrative Services maintained “a fidelity and indemnification insurance policy covering the State of Georgia for the failure of its employees to faithfully and honestly discharge their official duties.” Walker alleged this insurance policy failed to satisfy the bond requirements imposed by OCGA 42-8-26 (d). Walker sought a declaration that, to the extent that the Respondents claimed that the Great American policy satisfied the statutory bond requirement, “it should be declared . . . to be read to allow a claimant, such as [Walker] to make an individual claim against the surety and the principal under the ‘read in/read out’ doctrine for construing statutory bonds.” After a hearing, the trial court granted respondents' motion to dismiss. The trial court concluded that through his suit, Walker was asking the trial court to interpret an insurance contract to determine who Walker should sue. Walker appealed the dismissal of his declaratory judgment claim. Finding no reversible error, the Supreme Court affirmed. View "Walker v. Owens" on Justia Law

Appellant Herbert Lowe was convicted of felony murder and related offenses in connection with a 2013 shooting at the home of victim Lisa Davis. Lowe appealed, arguing the evidence was insufficient to support his convictions, the trial court erred in rejecting his immunity motion, and his trial counsel rendered constitutionally ineffective assistance. Finding no error, the Supreme Court affirmed. View "Lowe v. Georgia" on Justia Law

Anthony Robinson was convicted by jury of felony murder predicated on criminal attempt to commit armed robbery, fleeing and attempting to elude a police officer, obstruction of a police officer, and making false statements. Robinson argued on appeal that the evidence was insufficient to support the verdicts, that the trial court made numerous errors regarding evidence and jury instructions, and that trial counsel rendered ineffective assistance. After its review of the trial court record, the Supreme Court found no reversible error and affirmed Robinson's conviction. View "Robinson v. Georgia" on Justia Law