Justia Georgia Supreme Court Opinion Summaries

Michael Dobbins was convicted by jury of malice murder and other crimes in connection with the shooting death of Hollis Boddie. On appeal, Dobbins contended: (1) the evidence was insufficient to support his convictions; (2) that the trial court erred by failing to grant Dobbins’s motion for mistrial, to rebuke the prosecutor, or to give a curative instruction when the prosecutor referenced Dobbins’s “previous trial” before the jury; and (3) that his trial counsel rendered constitutionally ineffective assistance by failing to provide written notice of her intent to use a prior conviction of one of the State’s witnesses for impeachment purposes. Seeing no reversible error, the Georgia Supreme Court affirmed. View "Dobbins v. Georgia" on Justia Law

Appellant Corey Gardhigh was found guilty of voluntary manslaughter, felony murder, and other crimes in connection with the beating death of Paul Grady. In his appeal, Case No. S20A0227, Gardhigh contended the trial court erred: (1) by denying his pretrial motion for immunity; (2) that the evidence presented at his trial was insufficient to support his convictions; (3) that the trial court abused its discretion by denying his motion for a new trial on the general grounds. In Case No. S20X0228, the State cross-appealed, contending that the trial court erred by sentencing Gardhigh for voluntary manslaughter and vacating his sentence for felony murder under the modified merger rule adopted in Edge v. Georgia, 414 SE2d 463 (1992); and (4) by giving the jury an instruction on voluntary manslaughter. Finding no reversible error, the Georgia Supreme Court affirmed conviction. View "Gardhigh v. Georgia" on Justia Law

Raekwon Pauldo was convicted by jury on one count of malice murder, one count of felony murder, and three counts of aggravated assault in connection with the death of Jaquel Smith. The trial court granted Pauldo’s motion in limine to exclude the portions of his custodial interview with police after he invoked his rights to remain silent and to counsel on the ground that police failed to honor Pauldo’s invocation of those rights by continuing to interrogate him. The State appealed that ruling. After its review of the trial court record, the Georgia Supreme Court concluded police did not continue the interrogation, that Pauldo reinitiated a conversation with police about the case, and that he knowingly, intelligently, and voluntarily waived his rights before further interrogation began. Therefore, the Court reversed the trial court's suppression order. View "Georgia v. Pauldo" on Justia Law

Merrick Redding was tried by jury and convicted of murder and aggravated assault in connection with the death of Joseph Davis. Redding appealed arguing: (1) the evidence was legally insufficient to sustain his convictions; (2) that he was denied his constitutional right to a speedy trial; and (3) that certain evidence was admitted erroneously at trial. Although the Georgia Supreme Court concluded the evidence was sufficient to sustain the convictions, the trial court failed to apply the proper standard to the claim that Redding was denied his right to a speedy trial. For that reason, the Court vacated the judgment below and remanded for the trial court to resolve that claim under the proper standard. The Court declined at this point to address the remaining claims of error. View "Redding v. Georgia" on Justia Law

Nathaniel Mathis was found guilty of malice murder and other crimes in connection with the 2016 shooting death of Rodney Benton. Mathis appealed, challenging the sufficiency of the evidence as to each offense of which he was convicted, and contending that he received ineffective assistance of trial counsel because counsel: (1) did not file a pretrial motion for immunity from prosecution under OCGA 16-3-24.2; and (2) did not call Mathis’ nephew and mother as witnesses at an immunity motion hearing and at trial. Finding no reversible error, the Georgia Supreme Court affirmed. View "Mathis v. Georgia" on Justia Law

Appellant DeAndre Glover was convicted of malice murder and making a false statement in connection with the 2015 shooting death of Mario Williams. The trial court denied his motion for a new trial and Glover appealed, arguing he received ineffective assistance of trial counsel for failing to object to the admission of hearsay testimony. Finding no error, the Georgia Supreme Court affirmed. View "Glover v. Georgia" on Justia Law

Torrey Sicarr Nigel Scott was tried by jury and convicted of murder, four rapes, and various other offenses in connection with a violent crime spree in the Savannah area in late 2013 and early 2014. Scott appealed, claiming: (1) the evidence was legally insufficient to sustain several of his convictions; (2) the trial court erroneously admitted hearsay evidence; and (3) that he was denied the effective assistance of counsel. The Georgia Supreme Court agreed that the evidence was legally insufficient to sustain one of his rape convictions, and reversed that conviction. The Court affirmed in all other respects. View "Scott v. Georgia" on Justia Law

Appellant Damien Heard was convicted as a party to malice murder and other crimes in connection with the fatal shooting of James Daniel Evers, the armed robbery of Donald Evers, and the aggravated assaults of Charles Emmons and John Elledge, Jr. On appeal, Heard argued that, among other things, the trial court erred by admitting under OCGA 24-4- 404 (b) evidence of subsequent crimes committed by Appellant. The Georgia Supreme Court determined that because the trial court abused its discretion by admitting the evidence of Appellant’s later crimes and the error was not harmless, Appellant’s convictions were reversed and the matter remanded for further proceedings. View "Heard v. Georgia" on Justia Law

Stanley Dixon was convicted by jury of malice murder for the shooting death of Cedrick Clark. He was also convicted of aggravated assault, possession of a handgun by an underaged person, and multiple counts of participating in criminal gang activity. On appeal, Dixon contended the evidence was insufficient as to all counts of participating in criminal gang activity and that the trial court erred in denying his motion for a new trial. In addition, he contended the trial court erred in instructing the jury on the offense of participating in criminal gang activity and that he received ineffective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed Dixon's convictions. View "Dixon v. Georgia" on Justia Law

Joseph Lyons was convicted by jury for the felony murder of Tony Lyons, two counts of aggravated assault, one count of home invasion, and two counts of possession of a firearm during the commission of a felony. On appeal, Lyons argued the trial court made numerous errors by: (1) allowing certain state exhibits to go to the jury during deliberations in violation of the continuing witness rule; (2) improperly instructing the jury on aggravated assault; (3) permitting the State to elicit hearsay testimony; (4) admitting photographs of Lyons in possession of a gun; (5) sentencing Lyons on the aggravated assault counts; and (6) admitting gang-related evidence. Lyons also argued he received ineffective assistance of counsel at trial because: (1) trial counsel failed to object to certain witness statements; and (2) trial counsel failed to object to the admission of inadmissible hearsay statements. The Georgia Supreme Court agreed that the trial court erred in sentencing Lyons for the aggravated assault of Tony Lyons (Count 7), and accordingly vacated that sentence. However, with respect to Lyons’ remaining assertions, the trial court’s judgment was affirmed. View "Lyons v. Georgia" on Justia Law