Justia Georgia Supreme Court Opinion Summaries

Appellant gynecologist Tyrone Malloy was indicted (along with his office manager) on two counts of Medicaid fraud because the services he billed to the program were either "associated with the performance of elective abortions" or had not been performed. After an administrative review, an ALJ determined the record did not support the conclusion that Appellant willfully misrepresented a material fact, and therefore could not support a finding of fraud under the Medicaid program. The Department of Community Health (DCH) did not move to reconsider or for rehearing, and the ALJ's decision was affirmed by operation of law. While administrative review was still pending, the State's Medicaid Fraud Control Unit continued its own investigation. Despite DCH's affirming of the ALJ's decision, the State decided to seek criminal charges against Appellant and his manager. In 2011, a grand jury issued indictments. Appellant filed a special demurrer in response, which were denied by the trial court. Appellant then sought certiorari from the Supreme Court, arguing the trial court erred in its decisions. Upon review, the Supreme Court denied the state's motion to dismiss Appellant's appeal, and affirmed the trial court. View "Malloy v. Georgia" on Justia Law

Michael Nance was convicted of malice murder, felony murder, aggravated assault, theft by taking, criminal attempt to commit armed robbery and possession of a firearm during the commission of a felony in 1997. Nance received the death penalty for malice murder. The Supreme Court affirmed Nance's other convictions, but reversed the death sentence and remanded his case for resentencing because a juror was improperly qualified to serve on his jury. In 2002, Nance was sentenced to death again, and the Supreme Court unanimously affirmed his sentence. He applied for the writ of habeas corpus; the habeas court vacated Nance's death sentence based on a finding that trial counsel had been deficient. The Warden appealed the habeas court's vacation, and Nance cross-appealed the denial of relief regarding his malice murder conviction. Upon review, the Supreme Court reversed the habeas court and reinstated Nance's death sentence. With regard to Nance's cross-appeal, the Supreme Court affirmed. View "Humphrey v. Nance" on Justia Law

Derrick Holmes appealed his convictions and sentences for the malice murder of Nakisha Rawls, possession of a firearm during the commission of a felony, and for violating the state Racketeer Influenced and Corrupt Organizations Act. Finding the evidence sufficient to support the jury verdict against him, the Supreme Court affirmed Holmes' convictions and sentences. View "Holmes v. Georgia" on Justia Law

The issue before the Supreme Court in this case centered on whether the Court of Appeals erred by reversing a trial court's suppression of evidence order relating to defendant's refusal to submit to chemical testing. The appellate court found that the testing police officer failed to convey the entire substance of the implied consent notice required by Georgia law. Upon review of the matter, the Supreme Court held that the appellate court erred in its order, and reversed. View "Sauls v. Georgia" on Justia Law

Appellant Vernon Ryans and Sandy Washington, Jeremy Williams and Andre Madison were all indicted for malice murder, felony murder and possession of a firearm during the commission of a crime in connection with the shooting death of Jeffrey Ellison. Appellant was separately indicted for possession of a firearm by a convicted felon, but that charge was nolle prossed. Appellant was tried separately, and Madison testified against him. The jury found Appellant guilty on the remaining charges. On appeal of his conviction to the Supreme Court, Appellant argued the trial court erred by allowing certain testimony, and in denying his motion for a mistrial after his character was allegedly placed into issue improperly. Finding no error in the trial court record, the Supreme Court affirmed. View "Ryans v. Georgia" on Justia Law

Benjamin and Molly Riddell were divorced in 2007. In 2009, Benjamin was granted a modification of his child support obligation. He became delinquent in his support payments. Molly moved to have Benjamin held in contempt of the child support order; Benjamin responded by moving the court to reconsider his support obligation. In 2012, the trial court held Benjamin in contempt and denied his motion for re-modification. On appeal, Benjamin argued that the trial court's denial of his motion for a second modification of his support obligation was in error. Upon review, the Supreme Court found that the trial court abused its discretion in refusing to take into consideration the change in Benjamin's income since the first support modification. Accordingly, the trial court's decision was reversed and the case remanded for further proceedings. View "Riddell v. Riddell" on Justia Law

Antoine Wimes was convicted of felony murder and possession of a firearm during the commission of a crime in relation to the shooting death of Obiakor Onyemaechi. He contended on appeal that the State failed to disclosed it gave a deal to its most important witness, and failed to correct that witness's false testimony regarding the criminal charges pending against him. The Supreme Court found no such deal to the witness. Furthermore, the Court concluded that while the witness' understood the witness himself was charged with "robbery" (not "armed robbery"), Wimes did not show that the witness' misunderstanding was perjured or material or otherwise served as an indication of the strength of his motivation to testify favorably for the State. View "Wimes v. Georgia" on Justia Law

The United States District Court for the Northern District of Georgia certified two questions to the Georgia Supreme Court. The questions related to the Automobile Insurance Company of Hartford Connecticut's umbrella policy issued to Louis and Betty Wilson. At the time, Georgia law required policies to have uninsured motorist coverage unless the insured rejected that coverage in writing. The Wilsons did not reject uninsured motorist coverage; their policy excluded such coverage despite being required by law. Because it was not written into the policy but required, it was implied by operation of law. In 2010, Louis Wilson was seriously injured in an accident, and gave notice of a claim for uninsured motorist benefits. The insurance company denied the claim, contending that a 2008 amendment to the Georgia law specifically excluded umbrella policies from mandatory uninsured motorist coverage. The questions from the federal court centered on whether the amendment to the applicable Georgia law applied to the Wilson's umbrella policy after 2009, and whether the notice requirements of the amended law applied to umbrella policies. After review, the Georgia Court concluded that the amendment in question here did not apply to the Wilson's umbrella policy, nor did the notice requirement. View "Wilson v. Automobile Insurance Co. of Hartford, Connecticut" on Justia Law

Appellant Ninja Wheeler was convicted of murder, armed robbery, and other crimes related to the shooting death of Steven Green. The trial court denied his motion for a new trial, and he appealed, arguing the evidence presented against him at trial was insufficient to support his conviction. Finding no error, the Supreme Court affirmed. View "Wheeler v. Georgia" on Justia Law

Marlene and Michael Zekser divorced in 2011. Marlene appealed the final divorce decree, arguing that the division of the marital assets and debts was inequitable. Finding no error in the division, the Supreme Court affirmed the final decree. View "Zekser v. Zekser" on Justia Law