Justia Georgia Supreme Court Opinion Summaries

Deshaun Middlebrooks appealed his convictions for malice murder and other crimes in connection with the 2017 shooting death of Quintavious Barber and the aggravated assault of Keundre Chappell. On appeal, Middlebrooks contended the trial court erred in denying his motion to exclude evidence of gang activity, and that he received constitutionally ineffective assistance of trial counsel. Because Middlebrooks’ conviction for the aggravated assault of Barber should have merged into the malice murder conviction, the Georgia Supreme Court vacated the conviction and sentence for that count. Otherwise, the convictions were affirmed. View "Middlebrooks v. Georgia" on Justia Law

Alfredo Allen was convicted of malice murder and other related crimes in connection with the 2015 stabbing death of Erin McKinney and the aggravated battery of Candice McKinney. On appeal, he challenged the sufficiency of the evidence relating to both murder charges. Finding the evidence sufficient and no reversible error, the Georgia Supreme Court affirmed. View "Allen v. Georgia" on Justia Law

Johnathon Kirkland appealed his convictions for malice murder and related offenses, contending the trial court erred by failing to suppress an identification of him made by means of a photo lineup. Specifically, Kirkland contended the photo-lineup procedure was unduly suggestive. Finding no reversible error, the Georgia Supreme Court affirmed Kirkland's convictions. View "Kirkland v. Georgia" on Justia Law

In 2007, Matthew Jackson was convicted of 28 counts of armed robbery and other crimes. During his trial, motion for new trial proceeding, and direct appeal, in which the Court of Appeals affirmed his convictions, Jackson was represented by lawyers from the Paulding County Public Defender’s Office. In 2016, represented by a lawyer in private practice, Jackson filed a petition for habeas corpus claiming that his trial counsel provided ineffective assistance in three ways, and that his appellate counsel provided ineffective assistance because that lawyer had a conflict of interest that prevented him from raising ineffective assistance of trial counsel claims in Jackson’s amended motion for new trial. The habeas court denied relief as to Jackson’s ineffective assistance of trial counsel claims, but granted relief and set aside Jackson’s convictions on the ground that his appellate counsel had an actual conflict of interest. Warden Phillip Hall appealed that portion of the habeas court’s judgment granting relief on the conflict of interest claim. In a cross-appeal, Jackson contended the habeas court erred by denying relief as to his ineffective assistance of trial counsel claims. The Georgia Supreme Court found Jackson's appellate counsel had an actual conflict of interest that significantly and adversely affected his performance, so the Court affirmed the grant of habeas relief. However, the Court vacated the part of the habeas court’s judgment setting aside Jackson’s convictions, because the proper remedy under these circumstances was to grant Jackson a new opportunity to pursue a motion for new trial and direct appeal with conflict-free counsel, not a new trial. In Jackson’s cross-appeal, the Court vacated the portion of the habeas court’s judgment denying relief as to the ineffective assistance of trial counsel claims, because such claims should have been evaluated and raised in a new motion for new trial by conflict-free counsel and decided in the first instance by the trial court. View "Hall v. Jackson" on Justia Law

Aquillous Rayon Henderson tried by jury and convicted of malice murder and other offenses in connection with the 2016 shooting death of Timothy Hill. His amended motion for new trial was denied, and he appealed, arguing the trial court erred in: (1) denying his motion to suppress his custodial statement; and (2) excluding of Henderson’s testimony that Hill said he had been in prison. Finding no reversible error, the Georgia Supreme Court affirmed. View "Henderson v. Georgia" on Justia Law

After Travis Jordan brought an abrupt end to his murder trial by pleading guilty to felony murder, he moved to withdraw his plea prior to sentencing. The trial court denied Jordan’s motion, concluding that Jordan did not have a right to withdraw his guilty plea because he was charged with a capital crime and that, even if he had such a right, he had waived it. Jordan appealed, arguing among other things, that he had an absolute right to withdraw his guilty plea and that he did not knowingly waive his right. To this, the Georgia Supreme Court found Jordan was correct, and so it reversed and remanded for further proceedings. View "Jordan v. Georgia" on Justia Law

Willie Kitchens was convicted by jury of two counts of malice murder, arson, attempted rape and other crimes in connection with the 2011 stabbing deaths of Corey Kemp and Melanie Troupe. In his sole claim of error, Appellant contended the trial court court erred in allowing a witness to offer hearsay testimony that Appellant was responsible for the crimes. Finding no reversible error, the Georgia Supreme Court affirmed. View "Kitchens v. Georgia" on Justia Law

Ted Jefferson was convicted by jury of kidnapping, two counts of armed robbery, and other offenses, for which the trial court sentenced him to life plus five consecutive years in prison. Jefferson moved for a new trial, and the trial court granted the motion in part, finding that the evidence was insufficient to support Jefferson’s convictions for armed robbery. The trial court denied the motion as to the remaining convictions. Jefferson then timely filed a direct appeal, which the Court of Appeals dismissed. In dismissing the appeal, the Court of Appeals reasoned that the order partially granting Jefferson’s motion for a new trial left the case pending in the trial court and that it was, therefore, a non-final order that could be appealed only through the interlocutory appeal process. The Georgia Supreme Court found the trial court's order was directly appealable. The appellate court's judgment was vacated and the matter remanded for further proceedings. View "Jefferson v. Georgia" on Justia Law

Sharod Johnson was convicted of malice murder and other crimes in connection with a 2010 string of armed robberies that culminated in the shooting death of David Casto. Johnson contended the trial court erred when it failed to strike the testimony of a State witness, and that Johnson was deprived of the effective assistance of counsel with regard to that witness. Johnson also contended the trial court erred when it denied his motions to suppress evidence related to searches of his cell phone, home, and car. Finding no reversible error, the Georgia Supreme Court affirmed. View "Johnson v. Georgia" on Justia Law

Appellant Larry Harper, Jr. was convicted of the malice murder of his 20-year-old girlfriend, Thandiwe “Tandy” Hunt, the concealing of her death, and for tampering with evidence. Hunt wanted to leave Appellant, but whenever she mentioned leaving him, he threatened to hurt her, and she was scared for her life. Hunt’s mother last saw Hunt alive the final week of January 2011. Hunt's best friend was on the phone with her and heard "tussling" in the background; Hunt briefly continued talking, but abruptly told the friend she would would to call back. The friend never heard from Hunt again. A postal worker delivering mail stopped briefly at a wooded lot, where he saw a suspicious object about 60 feet from the road. When officers arrived, they found a body sealed in two large black trash bags. Hunt's mother identified the body as Hunt's at the end of February 2011. A medical examiner determined Hunt died from strangulation or some other asphyxia-related cause. Traces of Appellant's DNA was on Hunt's body. He was arrested and spoke with officers. At first, he averred he could not remember the last time he saw Hunt, because he was involved with “so many women.” When the detectives informed Appellant that his DNA was found on Hunt’s body, he changed his story, claiming that he deeply loved Hunt, that he found her dead after she committed suicide, and that the reason his DNA was found on her body was because he was crying. Appealing his eventual conviction, Appellant contended the trial court erred in ruling that his pretrial statements to the police in 2011 and 2012 were admissible. Finding no reversible error, the Georgia Supreme Court affirmed the trial court's judgment. View "Harper v. Georgia" on Justia Law