Justia Georgia Supreme Court Opinion Summaries

Javian Nesby appealed his convictions for malice murder and other crimes in connection with the 2017 shooting death of Jordan Morris. Nesby contended the trial court erred by conducting numerous bench conferences outside of his presence. After review of the trial court record, the Georgia Supreme Court found no reversible error from these conferences and affirmed Nesby's convictions. View "Nesby v. Georgia" on Justia Law

Kevin Palmer was acquitted of malice murder, but convicted by jury of felony murder and other offenses in connection with the shooting death of William Whitsett. His amended motion for new trial was denied, and he appealed, contending the trial court erred in denying his motion to suppress, and excluding alleged alibi testimony. He also argued he received ineffective assistance of trial counsel. Concluding that there was no reversible error, the Georgia Supreme Court affirmed. View "Palmer v. Georgia" on Justia Law

Jean Claude Doricien was convicted by jury of felony murder, possession of less than one ounce of marijuana, and various other offenses in connection with the shooting death of Tovara Flowers. On appeal, Doricien contended: (1) the trial court erred in denying his motion for a directed verdict of acquittal; (2) the trial court erred by failing to exclude from trial various statements that Doricien made to the police; and (3) he was denied constitutionally effective assistance of trial counsel. Finding no reversible error, the Georgia Supreme Court affirmed. View "Doricien v. Georgia" on Justia Law

In 2012, Odeirrick Boone entered a non-negotiated guilty plea to malice murder and other offenses in connection with the robbery of a convenience store and the stabbing death of the store owner, Balk Sung. In 2020, Boone filed a pro se motion for leave to file an out-of-time appeal, arguing that his trial counsel was ineffective for having failed to inform him of his right to pursue an appeal of his convictions. The trial court denied Boone’s motion summarily and without holding a hearing, which prompted this appeal. The State conceded the trial court’s order had to be vacated and this case remanded to the trial court to hold a hearing to determine whether Boone was entitled to an out-of-time appeal due to the ineffective assistance of his plea counsel. View "Boone v. Georgia" on Justia Law

James Morris Lynn, Jr., appealed his conviction for malice murder and aggravated assault in connection with the beating death of his wife, Tonya. Lynn argued on appeal that the Georgia Supreme Court should vacate the trial court’s order denying his motion for new trial for lack of adequate findings and remand for more detailed findings. He also argued: (1) the trial court erred in denying his motion for a mistrial; (2) he received ineffective assistance of trial counsel; and (3) the combined errors cumulatively prejudiced him. The Supreme Court determined: the trial court was not required to make detailed findings in denying Lynn’s motion for new trial; the trial court did not err in denying Lynn’s motion for a mistrial because the alleged basis for a mistrial posed little prejudice to Lynn and the court gave a sufficient curative instruction; Lynn’s ineffective assistance claims failed because he did not establish trial counsel performed deficiently in any respect; and his cumulative error argument failed because there were no errors to cumulate. The Court vacated Lynn’s sentence for aggravated assault because this count should have merged with the malice murder conviction, but the murder conviction was affirmed. View "Lynn v. Georgia" on Justia Law

Jhakeem Armstrong appealed his conviction for malice murder for the death of Robert Parrish, Jr. On appeal, he argued the trial court erred by admitting evidence he was affiliated with a gang under OCGA 24-4-404 (b) (“Rule 404 (b)”), by permitting witness testimony regarding certain photographs on the internet because the testimony amounted to hearsay and violated the best evidence rule and the Confrontation Clause, and by failing to give a limiting instruction regarding evidence that he was affiliated with a gang. He also contended his trial counsel provided ineffective assistance by failing to ensure that the trial court gave the jury the limiting instruction. The Georgia Supreme Court found the evidence of Armstrong’s gang affiliation was relevant to and probative of his motive for committing the crime charged and was thus admissible under Rule 404 (b). "And even assuming that the trial court erred in admitting testimony regarding the internet photos and failing to give a limiting instruction, such errors did not contribute to the verdict, and Armstrong has not shown that his trial counsel’s assistance was ineffective." View "Armstrong v. Georgia" on Justia Law

Appellant Quran Knighton was convicted of malice murder and possession of a knife during the commission of a felony in connection with the stabbing death of Markice Harris. Appellant contended that by twice interrupting his counsel’s closing argument to provide instructions to the jury, the trial court committed plain error and denied him his constitutional right to a fair trial, and that his trial counsel provided ineffective assistance by failing to object to the interruptions and instructions. Finding no reversible error from these contentions, the Georgia Supreme Court affirmed. View "Knighton v. Georgia" on Justia Law

Travis Thomas, Jr. was convicted of malice murder and other crimes in connection with the shooting deaths of Jabrial Adams and Kenny Hart. On appeal, Thomas contended the evidence was insufficient to sustain his convictions and that the trial court erred in denying his motion for mistrial, admitting evidence of a confession, and admitting testimony regarding pre-trial identifications of Thomas. Finding no reversible error, the Georgia Supreme Court affirmed. View "Thomas v. Georgia" on Justia Law

In related appeals, Dreshaun Martin and Tori Byrd appealed their convictions for the malice murder of Valentine Dwight Gant, Jr., and the aggravated assault of Gant’s three-year-old son. Both raised claims that the trial court erred in certain rulings during trial, that the evidence was insufficient to support their convictions, and they received ineffective assistance of trial counsel. Finding no errors, the Georgia Supreme Court affirmed their convictions. View "Martin v. Georgia" on Justia Law

Appellant Fernando Guzman-Perez was convicted by jury of malice murder and concealing the death of another in connection with the death of his wife, Yamilet Rodriguez. On appeal, Appellant argued the evidence was insufficient to support his murder conviction and that he was denied constitutionally effective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed. View "Guzman-Perez v. Georgia" on Justia Law