Justia Georgia Supreme Court Opinion Summaries

Appellant Malik Rice appealed his convictions for felony murder and other related crimes in connection with the shooting death of Clarence Gardenhire. Rice argued on appeal that the trial court committed plain error in failing to charge the jury on accomplice corroboration and that his conviction for aggravated assault should have merged into his conviction for criminal attempt to commit armed robbery. Finding no plain error, the Georgia Supreme Court affirmed Rice’s convictions, but it vacated his conviction and sentence for aggravated assault because the Court agreed that it should have merged with his conviction for criminal attempt to commit armed robbery under the facts of this case. View "Rice v. Georgia" on Justia Law

Christopher Byers appealed his convictions for malice murder, aggravated battery, concealing the death of another, abandonment of a dead body, and tampering with evidence, all related to the killing of Ray Walnoha. On appeal, Byers’s primary enumeration of error was that the trial court erred by excluding inculpatory statements by another man involved in the crimes, overheard by a defense witness. Byers also argued his conviction for aggravated battery was not supported by sufficient evidence, and that, alternatively, that count should have merged into his malice murder conviction, and that his sentence for the crime of tampering with evidence should have been that of a misdemeanor. The Georgia Supreme Court agreed that the tampering count should have been treated as a misdemeanor, and so it vacated Byers’s conviction on that count and remanded the case for resentencing. The Court concluded that any error in failing to admit the defense witness testimony at issue was harmless, and that the evidence was sufficient to support a conviction for aggravated battery on which the trial court properly entered a separate sentence. The Court therefore affirmed Byers’s other convictions. View "Byers v. Georgia" on Justia Law

Eric Brandon was convicted of malice murder in connection with the killing of his stepson, Alexander Koser. The evidence showed that Koser was shot several times at close range. On appeal, Brandon argued only that the trial court erred in prohibiting him from asking the jury venire whether anyone believed that a person who had been arrested must be guilty of a criminal offense. But Brandon did not object to the trial court’s sua sponte ruling that he appealed to the Georgia Supreme Court. The Court determined this failure to object foreclosed his claim. View "Brandon v. Georgia" on Justia Law

Appellant Robert McDaniel appeals pro se from the trial court’s denial of his motion for out-of-time appeal, his general demurrer, and his motion in arrest of judgment. In 2014, a grand jury indicted McDaniel for malice murder (Count 1); felony murder (Count 2); possession of a firearm during the commission of the offense of murder (Count 3); aggravated assault, family violence (Count 4); possession of a firearm during the commission of aggravated assault (Count 5); and aggravated stalking (Count 6) in connection with the shooting death of Maria Nunez-McDaniel. The grand jury also indicted McDaniel for aggravated assault (Count 7) and possession of a firearm during the commission of a felony (Count 8) in connection with an assault on Julia Olmos. On November 4, 2014, McDaniel entered a negotiated guilty plea to malice murder, possession of a firearm during the commission of the offense of murder, and aggravated stalking, as well as to the aggravated assault against Olmos. As part of the plea, Counts 2, 5, and 8 were nolle prossed, and Count 4 was merged with the malice murder count. McDaniel was sentenced to serve life with the possibility of parole for malice murder, a probated five-year consecutive sentence on Count 3, and two ten-year concurrent sentences on Counts 6 and 7. The Georgia Supreme Court determined that because the trial court did not err by concluding that McDaniel failed to show that his appeal of right was lost as a result of his counsel’s constitutionally deficient performance, it also did not abuse its discretion in denying McDaniel’s motion for out-of- time appeal. The Court also determined McDaniel's motion in arrest of judgment was untimely, and and “the trial court was without jurisdiction to rule on [it].” View "McDaniel v. Georgia" on Justia Law

Mims Michael Morris, Sr. (“Mims”), Mims Michael Morris, Jr. (“Michael”), and Roy Bradshaw (“Roy”) were convicted by jury of malice murder, felony murder, aggravated assault, and robbery in the fatal beating of Earl Gill. In Case No. S21A0191, Mims appealed, challenging the sufficiency of the evidence supporting his convictions. In Case No. S21A0192, Michael appealed, also challenging the sufficiency of the evidence, and contending that the trial court committed plain error in failing to instruct the jury not to consider Roy’s statement against him and that he received ineffective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed in both cases. View "Morris v. Georgia" on Justia Law

Corey Green was convicted by jury of malice murder and other crimes in connection with the armed robbery and shooting death of Christopher Peek. On appeal, he claimed he was improperly sentenced as a recidivist, and that he received ineffective assistance of counsel when counsel advised him not to testify at trial. Finding no reversible error, the Georgia Supreme Court affirmed Green's convictions. View "Green v. Georgia" on Justia Law

Michael Pindling was convicted of malice murder and other crimes in connection with the shooting death of Robert Pett. On appeal, Pindling argued the trial court plainly erred when instructing the jury that a single witness’s testimony was sufficient to prove a fact without also instructing the jury on the requirement that an accomplice’s testimony must be corroborated. To this, the Georgia Supreme Court concurred and reversed judgment. View "Pindling v. Georgia" on Justia Law

Zemartae Davis was convicted of felony murder and possession of a knife during the commission of a crime in connection with the stabbing death of Dontravious Hoskins. On appeal, Davis contended the trial court erred when it admitted the prior testimony of an absent witness, and that his trial counsel was constitutionally ineffective for failing to object to the admission of that testimony. Finding no reversible error, the Georgia Supreme Court affirmed Davis’s convictions. View "Davis v. Georgia" on Justia Law

At a 2014 jury trial, John “Shug” Johnson was found guilty of malice murder and other offenses in connection with the shooting death of Brandon Scott. Johnson’s motion for new trial was granted on the basis of plain error in the jury instructions, and the Georgia Supreme Court affirmed that order. Upon return of the case to the trial court, Johnson filed a plea in bar, asserting that the evidence presented in the original trial was insufficient to support his conviction. The Supreme Court concluded the trial court did not err in denying his plea in bar, though on different grounds. The Court nonetheless affirmed the trial court's denying Johnson's plea in bar. View "Johnson v. Georgia" on Justia Law

Appellant Chanze McGarity was convicted of malice murder and other crimes in connection with the 2013 shooting death of James Hendon. On appeal, Appellant contended the trial court erred by: (1) limiting Appellant’s cross-examination of certain witnesses concerning their prior convictions; (2) allowing a law enforcement officer to offer testimony regarding certain witnesses’ prior consistent statements; and (3) permitting a witness to testify after refreshing her recollection with a document that was not provided to the defense before trial. After review of the trial court record, the Georgia Supreme Court concluded that while the trial court improperly admitted the prior consistent statements of three witnesses, such error required reversal of Appellant’s convictions on only two counts. View "McGarity v. Georgia" on Justia Law