Justia Georgia Supreme Court Opinion Summaries

Robert Caviston was convicted by jury of malice murder and arson in the first degree in connection with the death of his 92-year-old mother, Agnes Caviston. Caviston contended the trial court erred in denying his motion for a new trial on the general grounds. He also argued the trial court erred in admitting harmful evidence of a fantasy novel that he had written, titled “The Philosophy of Murder,” thus requiring a new trial. Because Caviston failed to show reversible error, the Georgia Supreme Court affirmed. View "Caviston v. Georgia" on Justia Law

Danyel Smith was convicted of the murder of his infant son based on a theory of “shaken baby syndrome” (SBS). Smith argued that the science regarding diagnosis of brain injuries in infants has changed so much since his trial that he was entitled to a new trial based on a new expert affidavit ruling out battery or shaking as the cause of the baby’s death. The trial court rejected that argument and denied Smith’s extraordinary motion for new trial without a hearing. Because Smith’s extraordinary motion alleged facts that, if proven, could warrant relief, the trial court was not authorized to deny the motion without a hearing. The Georgia Supreme Court therefore vacated the trial court’s ruling on the motion and remanded for further proceedings. View "Smith v. Georgia" on Justia Law

Appellant Willie Lewis Turner II challenges his 2017 convictions for malice murder and possession of a firearm by a convicted felon in connection with the shooting death of Travalas Acres. Turner argued the evidence against him was not credible and therefore insufficient to support his convictions. When evaluating the sufficiency of the evidence to satisfy constitutional due process, the Georgia Supreme Court does not assess the credibility of the witnesses. When properly viewed in the light most favorable to the jury’s verdicts, the evidence at trial was sufficient to support Turner's convictions for malice murder and possession of a firearm by a convicted felon. Accordingly, the convictions were affirmed. View "Turner v. Georgia" on Justia Law

Patricko Davis was convicted of felony murder and other crimes in connection with the July 2014 shooting death of Takeenan Williams. On appeal Davis argued: (1) he was denied his constitutional right to a speedy trial; (2) the trial court erred by declining to admit “reverse 404 (b)” evidence about a later crime committed by a friend of Williams who was present when Williams was shot, which Davis claimed was relevant to the friend’s “intent” and “opportunity” to carry a gun; and (3) trial counsel rendered constitutionally ineffective assistance by failing to call a bullet- trajectory expert to support Davis’s self-defense claim and in his handling of the reverse 404 (b) evidence. The Georgia Supreme Court found no merit to any of Davis' claims and affirmed his convictions. View "Davis v. Georgia" on Justia Law

Jordy Moore was convicted of malice murder and other crimes arising from what began as a group fistfight and ended with the shooting death of Zyshonne Hindsman. On appeal, Moore argued his trial counsel rendered ineffective assistance by failing to conduct an adequate voir dire, making incorrect statements of fact and law in his opening statement, failing to object to the testimony of the victim’s grieving mother, and failing to adequately cross-examine certain prosecution witnesses about their pending criminal charges. He also contended the trial court impermissibly participated in Young’s decision to testify against Moore, and that the court violated OCGA § 17-8-57, which prohibited a judge from expressing or intimating to the jury the judge’s opinion as to whether a fact at issue has or has not been proved or as to the guilt of the accused. After review of the record, the Georgia Supreme Court found no reversible error and affirmed Moore’s convictions and sentence. View "Moore v. Georgia" on Justia Law

Appellants Tyree Tabor and Donny Spear were tried together and convicted of malice murder and other offenses in connection with the 2016 shooting death of Nicholas Miller. Although the defendants raised different contentions on appeal, their appeals were consolidated for purposes of issuing an opinion. Tabor contended his trial counsel provided constitutionally ineffective assistance. Spear contended his trial counsel provided constitutionally ineffective assistance and that the trial court abused its discretion by denying his motion for severance. Finding no reversible error in any of these contentions, the Georgia Supreme Court affirmed. View "Tabor v. Georgia" on Justia Law

The Georgia Supreme Court granted review in this case to establish precedent on the issue of whether a trial court could refuse to follow appellate court precedent based solely on the trial court's disagreement with that precedent. The Supreme Court held that trial courts indeed were bound by the precedents of the Court of Appeals. Nevertheless, because the Supreme Court perceived no reason for this appeal to proceed on its merits beyond addressing that issue, it vacated its order granting the application for discretionary appeal, denied the application for discretionary appeal, and dismissed this appeal, thus leaving the trial court's judgment in this case undisturbed. View "Esposito v. Georgia" on Justia Law

Appellant Jared Carter was convicted of malice murder and possession of a knife during the commission of a felony in connection with the death of his grandmother, 81-year-old Valeria Mann. On appeal, Appellant alleged that the evidence presented at trial was insufficient to support his convictions, that he received ineffective assistance of counsel, and that the trial court improperly admitted hearsay testimony in violation of OCGA § 24-8-807 and the Confrontation Clause of the United States Constitution. Finding no reversible error, the Georgia Supreme Court affirmed. View "Carter v. Georgia" on Justia Law

Darrell Eaker was convicted by jury of malice murder and other crimes in connection with the 2016 shooting death of Audra Eaker. On appeal, he argued: (1) he received constitutionally ineffective assistance of counsel; and (2) the trial court erred in denying Eaker’s motion for new trial on the basis of newly discovered evidence. Finding no reversible error, the Georgia Supreme Court affirmed. View "Eaker v. Georgia" on Justia Law

Tia Young was convicted by jury for the 2017 shooting death of her husband George. On appeal, Young contended: (1) the evidence was insufficient to sustain her convictions as a matter of constitutional due process; (2) that the trial court abused its discretion by denying her pretrial motion to sever her trial from the trial of her co-defendant, Harvey Lee; and (3) that the trial court erred by improperly charging the jury on the counts for criminal attempt to tamper with evidence. Finding no reversible error, the Georgia Supreme Court affirmed. View "Young v. Georgia" on Justia Law