Justia Georgia Supreme Court Opinion Summaries

Nicolas Lopez was convicted of malice murder and possession of a firearm during the commission of a felony in connection with the shooting death of Robert Moon. After his convictions, Lopez waived his right to the assistance of counsel. Representing himself, Lopez appealed, arguing: (1) his trial counsel labored under a conflict of interest; (2) he otherwise received ineffective assistance of counsel; (3) the trial court erred in failing to ensure an accurate transcription of the trial; (4) the trial judge erred in failing to recuse himself; and (5) the trial court erred in recharging the jury. Finding no reversible error, the Georgia Supreme Court affirmed. View "Lopez v. Georgia" on Justia Law

Antonio Lanier appealed his convictions for malice murder and other offenses in connection with the shooting deaths of Auda and Gerald Anne Love. Lanier contended the evidence was insufficient to support his convictions because it was based on his co-defendants’ uncorroborated testimony, that he received ineffective assistance of counsel at trial, and that the trial court erred by admitting crime scene and autopsy photographs and by improperly excusing certain potential jurors. Finding no reversible error, the Georgia Supreme Court affirmed the convictions. View "Lanier v. Georgia" on Justia Law

Reggie Gardner was convicted by jury of felony murder in connection with the shooting death of Franklin Wright. Gardner appealed the denial of his motion for a new trial, contending that his trial counsel was ineffective because he failed to request a jury instruction on voluntary manslaughter. The Georgia Supreme Court determined the trial court did not err in finding that counsel’s performance was not constitutionally deficient because counsel chose to present an “all-or-nothing” defense, which was reasonable given that the evidence did not show the irresistible passion resulting from serious provocation required to support a charge on voluntary manslaughter. Therefore, judgment was affirmed. View "Gardner v. Georgia" on Justia Law

Craig Thrift was convicted of felony murder in connection with the death of Terry Rouse. On appeal, Thrift challenged the sufficiency of the evidence to support his conviction; the denial of his motion for new trial on the general grounds; the denial of five motions for mistrial; the admission of certain evidence presented by the State; the exclusion of certain evidence offered by the defense; and the restriction of his attorney’s cross-examination of one of the State’s witnesses. Additionally, Thrift argued he was entitled to a new trial under a cumulative error analysis. Finding no reversible error, the Georgia Supreme Court affirmed Thrift's conviction. View "Thrift v. Georgia" on Justia Law

Dallas Beck was convicted of felony murder and possession of a weapon during the commission of a crime in connection with the 2012 shooting death of Corey Liverpool. In Beck’s previous appeal to the Georgia Supreme Court, the Court remanded the case for the trial court to review his claim that jurors considered extrajudicial information regarding sentencing. The trial court rejected that claim on remand, and Beck appealed again. In addition to raising the juror issue, Beck argued the trial court erred by refusing to admit carious evidence about the victim, and by failing to charge the jury on voluntary manslaughter. Because the Supreme Court deferred to the trial court’s finding that the testimony about juror misconduct was not credible, the trial court did not abuse its discretion in rejecting Beck’s juror misconduct claim. The Supreme Court also concluded the trial court properly refused to give a jury instruction on voluntary manslaughter because no evidence supported it, and that any error by the trial court in limiting evidence about the victim was harmless. View "Beck v. Georgia" on Justia Law

Eddie Clark pleaded guilty to felony murder and other crimes in connection with the stabbing death of Elizabeth Hutcheson. Years later, he filed a motion for out-of-time appeal, which the trial court summarily denied without a hearing. Clark alleged in his motion for out-of-time appeal that his failure to file a timely appeal resulted from his plea counsel’s constitutionally ineffective assistance. If Clark could prove this allegation, he would be entitled to an out-of-time appeal. However, the trial court denied Clark’s motion without conducting a factual inquiry into his claim of ineffective assistance. Accordingly, as the State conceded, under the circumstances presented in this case, the Georgia Supreme Court vacated the trial court’s judgment and remanded “for the court to conduct an evidentiary hearing and determine whether plea counsel’s ineffective assistance was responsible for [Clark’s] failure to pursue a timely appeal.” View "Clark v. Georgia" on Justia Law

Lawrence Hughes was convicted by jury of the felony murder of Jamon Epps, and related crimes. On appeal, he contended: (1) the evidence was insufficient; (2) the trial court made certain evidentiary and charging errors; and (3) trial counsel was constitutionally ineffective. Finding no reversible error, the Georgia Supreme Court affirmed Hughes' convictions. View "Hughes v. Georgia" on Justia Law

Derek Smallwood was convicted after a bench trial for entering an automobile under OCGA 16*8*18. He argued the statute was void for vagueness, or alternatively, under the rule of lenity, he should have been sentenced for misdemeanor criminal trespass of a vehicle. After review, the Georgia Supreme Court concluded OCGA 16-8-18 was not unconstitutionally vague as applied to the facts of Smallwood’s case, and because that statute prevailed as the more specific statute over criminal trespass of a vehicle, the rule of lenity did not apply. View "Smallwood v. Georgia" on Justia Law

Tommy Lee Morris was convicted by jury of felony murder and possession of a firearm by a convicted felon in connection with the shooting death of Tony Foster. Morris contended on appeal only that the evidence presented against him at trial was insufficient to support his convictions. Finding no reversible error, the Georgia Supreme Court affirmed Morris' convictions. View "Morris v. Georgia" on Justia Law

Jerry Merritt appealed his convictions for malice murder and possession of a firearm during the commission of a felony for the 2014 shooting death of Anthony Taylor, following an argument between the two. Merritt contended his trial counsel was ineffective, and that the trial court erred by failing to give jury instructions on voluntary manslaughter and duty to retreat, and by allowing the prosecutor to ask leading questions. After review, the Georgia Supreme Court concluded any deficient performance by counsel did not prejudice Merritt’s case; any error by the trial court in allowing leading questions was harmless; and that the trial court did not plainly err in refusing to give the requested instructions. View "Merritt v. Georgia" on Justia Law