Justia Georgia Supreme Court Opinion Summaries

Dustin Steen was convicted of malice murder and sentenced to life in prison without the possibility of parole in connection with the 2015 stabbing death of Edward Newhouse in an altercation outside a bar. The trial court denied Steen’s motion for new trial, and he appealed, asserting seven enumerations of error, including violation of his Georgia constitutional right to be present at all critical stages of his trial by his exclusion from unrecorded bench conferences during jury selection. In addition, Steen contended the evidence presented at his trial was insufficient to support his conviction, but the Georgia Supreme Court affirmed that part of the trial court’s judgment. The Court did not, however, address any of the remaining enumerations of error. Instead, the Court vacated the remainder of the trial court’s order denying Steen’s motion for new trial and remanded the case for the trial court to rule in the first instance on Steen’s right-to-be-present claim. View "Steen v. Georgia" on Justia Law

Jerome Hughs was convicted by jury of felony murder in connection with the death of Kaidence Alexander, an 18-month old child. Hughs claimed the evidence presented at his trial was insufficient to support his conviction, that he was denied constitutionally effective assistance of counsel, and that the trial court erred when it gave a so-called “Allen charge” during jury deliberations. Finding no reversible error, the Georgia Supreme Court affirmed. View "Hughs v. Georgia" on Justia Law

Appellant Antonio Harris challenged his 2011 convictions for felony murder and other crimes in connection with the shooting death of Marcus Simpson and the non-fatal shootings of Kingston Ridley and Kenneth Williams. Appellant contended the trial court erred in failing to grant his motion for directed verdict of acquittal and that he was denied the effective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed. View "Harris v. Georgia" on Justia Law

LeMichael Tyson was convicted by jury of felony murder and cruelty to children in connection with the beating death of his girlfriend’s 22-month-old daughter, Kei’Mariona Bradley. The medical examiner concluded that Kei’Mariona’s death resulted from “significant traumatic injuries of the head,” normally seen in a car accident, a fall from a very significant height, or an assault. The evidence revealed Tyson was the last person to see the child unharmed and alive; as part of his defense, Tyson claimed that if someone hurt Kei'Mariona, it must have been Bradley. Tyson appealed his convictions, raising 11 enumerations of error. Taking each in turn, the Georgia Supreme Court found no reversible error, and affirmed Tyson's convictions. View "Tyson v. Georgia" on Justia Law

Jimmy Parrott was convicted for, among other things, fleeing or attempting to elude a police officer in violation of OCGA 40-6-395(b)(5). After his initial probationary sentence for that offense was deemed void, he was resentenced to five years in prison. Parrott appealed that resentencing, challenging the constitutionality of the sentencing provision of OCGA 40-6-395(b)(5) under the Equal Protection Clause. Parrott also contended his resentencing violated the constitutional prohibition on double jeopardy. After review of the trial court record, the Georgia Supreme Court found no reversible error and affirmed. View "Parrott v. Georgia" on Justia Law

Dabrentise Overstreet was convicted by jury of malice murder and other offenses in connection with the shooting death of Craigory Burch, Jr., the aggravated assault and armed robbery of Burch’s girlfriend, Jasmine Hendricks, and the aggravated assault of their son, C. B., a minor. On appeal, Overstreet argued: (1) the evidence presented at trial was insufficient to support his convictions for malice murder and violations of the Georgia Street Gang Terrorism and Prevention Act (the “Gang Act”); (2) the trial court abused its discretion by admitting certain evidence of a prior conviction and guilty plea; and (3) his trial counsel provided ineffective assistance by failing to move for a change of venue. After review of the trial court record, the Georgia Supreme Court found no reversible error and affirmed. View "Overstreet v. Georgia" on Justia Law

Jalin Collins, Percy Burdine, and Brandon Love were tried together and convicted of murder and other offenses in connection with the shooting death of Milton Kelley. Although they raised different contentions on appeal, the co-defendants' appeals were consolidated for purposes of issuing an opinion. Burdine contended: the evidence was insufficient to sustain his convictions; the trial court erred by denying his motion for a separate trial, by improperly modifying a pattern jury instruction, by failing to properly address a question the jury asked during deliberations, and by sentencing him based on an inconsistent verdict; and that his trial counsel provided constitutionally ineffective assistance. Collins contended the trial court committed plain error by giving the jury an inapplicable instruction on the definition of “accomplice” and that his trial counsel provided constitutionally ineffective assistance. Love contended the trial court erred by denying his request for a jury instruction on voluntary manslaughter. Finding no reversible error in any case, the Georgia Supreme Court affirmed. View "Collins v. Georgia" on Justia Law

This appeal arose from the grant of a petition for habeas corpus filed by Steven Bryant in connection with his 2015 conviction for aggravated sexual battery. In granting Bryant’s petition, the habeas court ruled that Bryant’s appellate counsel had rendered ineffective assistance by failing to properly assert several instances of trial counsel ineffectiveness, failing to properly present certain claims of trial court error, and failing to pursue relief for the violation of Bryant’s right to conflict-free counsel under Garland v. Georgia, 657 SE2d 842 (2008). The Warden contended the habeas court erred, both in its substantive rulings and by granting relief on grounds not asserted by Bryant. The Georgia Supreme Court agreed with the Warden that the habeas court erred in its rulings. Accordingly, judgment was reversed. View "Emmons v. Bryant" on Justia Law

Austin McIntyre was convicted of felony murder and conspiracy to commit armed robbery in connection with the shooting death of Willie Thomas. Appellant claimed on appeal: (1) the evidence presented at his trial was insufficient to support his convictions; (2) the trial court erred by failing to charge the jury on voluntary manslaughter; and (3) that he was denied constitutionally effective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed Appellant's convictions. View "McIntyre v. Georgia" on Justia Law

Nashea Poole was convicted by jury of felony murder and related offenses in connection with crimes committed against Jordan and Chad Collins. The Collins brothers were at their sister's home where they were visited by Clarissa McGhee and Poole, whom Jordan had met through the “Plenty of Fish” dating website. After approximately an hour, Jordan decided to take the women to his house and prepared to leave. Shortly thereafter, Chad heard the back screen door slam, followed by a commotion. Chad then heard a gunshot and ran outside, where he saw Jordan lying on the patio. Chad was then shot several times. He made his way to the garage, where he found McGhee. Chad yelled at McGhee and began chasing McGhee, who pulled out a gun, pointed it at Chad, and then fled. Chad survived, but Jordan died of his wounds. McGhee, who pled guilty to aggravated assault, testified for the State, implicating Poole as a gang member, and for participating in the plot to "lure 'johns' under the pretense of prostitution services, for the purpose of robbing [the victim]." Poole raised numerous claims alleging that the evidence presented at trial was insufficient to support her convictions. Finding no reversible error, the Georgia Supreme Court affirmed. View "Poole v. Georgia" on Justia Law