Justia Georgia Supreme Court Opinion Summaries

In related appeals, Donovan Fitts and Jermanique Franklin appealed their convictions for murder and other crimes in connection with the 2017 shooting deaths of Tenecia Posley and Barry Johnson. In Case No. S21A0159, Fitts argued the trial court erred in admitting evidence of a subsequent shooting incident as intrinsic evidence and as other-acts evidence under OCGA 24-4-404 (b), and that his trial counsel rendered ineffective assistance for failing to object to certain hearsay testimony and for not moving for a mistrial. In Case No. S21A0160, Franklin claimed: (1) the evidence was insufficient to convict her beyond a reasonable doubt as a party to the crimes; (2) the Georgia Supreme Court should reconsider the standard of review for sufficiency; and (3) she received ineffective assistance of counsel at trial. As to Fitts, the Georgia Supreme Court found no reversible error, so it affirmed in Case No. S21A0159. As to Franklin, the Court rejected each of her enumerations of error, but found a merger error with regard to her convictions for armed robbery and burglary. The Court therefore affirmed her convictions for felony murder but vacated her convictions for armed robbery and burglary in Case No. S21A0160. View "Fitts v. Georgia" on Justia Law

Robert Rogers was convicted of felony murder in connection with the 2016 shooting death of Richard Trantham, Jr. On appeal, Rogers contended the evidence was insufficient to support his conviction and that the trial court committed plain error when it admitted certain testimony from a State witness. Finding no reversible error, the Georgia Supreme Court affirmed. View "Rogers v. Georgia" on Justia Law

Appellant Philemon Shark Jackson was convicted of malice murder and other crimes in connection with the 2017 shooting death of Clyde Weeks. On appeal, Appellant contended: (1) the evidence was legally insufficient to support his convictions; (2) the trial court erred in allowing an unredacted 911 call containing hearsay testimony into evidence; and (3) the trial court erred in refusing to charge the jury on sympathy, despite a request by the defense. Finding no reversible error, the Georgia Supreme Court affirmed. View "Jackson v. Georgia" on Justia Law

Rufus Griffin appealed his convictions for the 2016 malice murder of Kerry Freeman and related offenses, contending, among other things, that the trial court made certain evidentiary errors and that trial counsel rendered constitutionally ineffective assistance. After review, the Georgia Supreme Court found no reversible error and affirmed. View "Griffin v. Georgia" on Justia Law

Drexton Thomas appealed his convictions for malice murder and other offenses in connection with the shooting death of Jeffrey Douglas, Sr., and the aggravated assault of Jeffrey Douglas, Jr. (“Junior”). He argued: (1) the evidence was insufficient to support his convictions as a matter of federal due process; (2) the trial court abused its discretion in denying his motion for a new trial as the “thirteenth juror;” (3) the trial court abused its discretion in denying Thomas’ motion for a mistrial based on a courtroom outburst; (4) his inculpatory custodial statement was obtained in violation of his Miranda rights; (5) his trial counsel was ineffective; and (6) he was entitled to a new trial on the basis of cumulative prejudice. After review, the Georgia Supreme Court found no reversible error and affirmed. View "Thomas v. Georgia" on Justia Law

Damarcus Dukes was convicted by jury of malice murder and related offenses in connection with crimes committed against Demarius Denham, Dankevion Chatman, and Uzamoake Moh. On appeal, Dukes claimed the trial court erred in three ways. Dukes was charged with multiple counts of the same crime - i.e., possession of a firearm by a first offender probationer. “And, while this would normally trigger a ‘unit of prosecution’ question,” the Georgia Supreme Court agreed with Dukes that the State’s failure to make the timeframe of the handgun possessions material allegations within the indictment caused Dukes to be improperly convicted and sentenced for the identical crime twice. With respect to his two convictions and sentences for possession of a firearm by a first offender probationer, the Supreme Court vacated these convictions and remanded for the trial court to conviction and resentence Dukes on only one of those counts. Judgment was affirmed in all other respects. View "Dukes v. Georgia" on Justia Law

Julian Redding was convicted of malice murder and possession of a firearm during the commission of a felony in connection with the 2015 shooting death of Prince Varner. He appealed, asserting three errors in the trial court’s jury instructions and ineffective assistance of trial counsel. Finding no reversible error, the Georgia Supreme Court affirmed Redding’s convictions. View "Redding v. Georgia" on Justia Law

Chauncey Pope was convicted by jury of malice murder, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon in connection with the 2014 shooting death of Derrick Brooks. On appeal, Pope’s sole contention is that his trial counsel provided ineffective assistance by failing to request a pre-trial immunity hearing. The Georgia Supreme Court concluded that Pope’s trial counsel was not constitutionally deficient and affirmed Pope’s convictions. View "Pope v. Georgia" on Justia Law

William Felts was convicted by jury of malice murder and other offenses in connection with the 2007 stabbing deaths of Delarlonva Mattox, Jr., and Chrisondra Kimble. Felts appealed, arguing that the evidence presented at trial was insufficient to support his convictions. After review, the Georgia Supreme Court found no reversible error and affirmed. View "Felts v. Georgia" on Justia Law

Freeman Matthews was convicted by jury of malice murder, battery, and possession of a knife during the commission of a crime in connection with the 2009 stabbing death of Adrianne Young and also found him guilty of financial credit card theft and obstruction of an officer. On appeal, Matthews challenged the sufficiency of the evidence and contended the trial court erred in admitting his custodial statement and excluding evidence that pointed to a third- party suspect. Matthews also argued he received ineffective assistance of counsel. After review, the Georgia Supreme Court found no reversible error and affirmed. View "Matthews v. Georgia" on Justia Law