Justia Georgia Supreme Court Opinion Summaries

Defendant-Appellant Kelcey E. Jones was tried by jury and convicted of the murder of his four-year-old son, and for cruelty to a child in the first degree. Defendant appealed, contending that the trial court erred when it denied his motion to suppress certain statements that he made to law enforcement officers, that he was denied a fair trial by the late production of an audio recording, that the trial court erred when it excluded certain testimony and evidence, that the testimony of a witness for the State was improperly bolstered at trial, and that he was denied the effective assistance of counsel. Upon review of the record and briefs, the Supreme Court concluded that the trial court erred at sentencing when it failed to merge the cruelty to a child with the murder, and therefore vacated the conviction and sentence for cruelty to a child in the first degree. The Court found no other error and otherwise affirmed the trial court's judgment. View "Jones v. Georgia" on Justia Law

A jury convicted Defendant-Appellant Tyrell Campbell of malice murder and other felonies in connection with the shooting death of Gary Paul Francis. On appeal to the Supreme Court, he contended that the trial court erred in its jury instructions and in conducting critical stages of the trial outside his presence. Finding no reversible error, the Supreme Court affirmed. View "Campbell v. Georgia" on Justia Law

Defendant-Appellant Tobee Bradley was tried by jury and convicted of murder, aggravated assault, armed robbery, and three counts of possession of a firearm during the commission of a crime. He appealed, contending that the evidence was insufficient to sustain his convictions and that several of the crimes of which he was convicted should have merged. Defendant also claimed that the trial court erred when it excluded evidence that others might have been involved in the crimes, when it allowed an audio recording of a conversation between Defendant and a police informant to go out with the jury during its deliberations, and when it admitted the prior consistent statements of the police informant. Furthermore, Defendant contended that he was denied the effective assistance of counsel at trial. Upon review of the record and briefs, the Supreme Court concluded that the trial court erred with respect to merger, and for that reason, the Court vacated the convictions and sentences for aggravated assault and one count of possession of a firearm during the commission of a crime. Otherwise, the Court found no other error. View "Bradley v. Georgia" on Justia Law

In 1999, a jury awarded monetary damages and equitable relief to homeowner Kenneth Barngrover. The damages were paid to the trial court's registry shortly after entry of judgment on the verdict, and the Court of Appeals affirmed the judgment in favor of Barngrover in 2001. In its 1999 judgment, the trial court ordered the City of Columbus to abate all nuisances created, maintained and in existence on Barngrover's property, and directed the City to restore the property to its undamaged condition. The trial court expressly retained jurisdiction pursuant to its equitable power to ensure completion of this equitable remedy. A week later, the trial court issued an order clarifying the nuisances to be abated as only those identified by the jury in its verdict. After several years of entering various orders in an effort to provide the equitable relief required by the jury's verdict, the trial court appointed a special master in 2007 to enforce the 1999 judgment. In 2011, the special master concluded that the structures on Barngrover's property were beyond repair, and recommended new ones be built. Further, the special master recommended implementation of the last of the City's abatement plans. Barngrover filed objections to the special master's report and moved to replace the special master. Over his objections, the trial court adopted the special master's report. This appeal to the Supreme Court followed. Upon review, the Supreme Court found no error with the trial court's orders, and affirmed. View "Barngrover v. City of Columbus" on Justia Law

The Unified Government of Athens-Clarke County adopted a Stormwater Utility Ordinance in 2004. Pursuant to the Ordinance, a stormwater utility and stormwater enterprise fund took effect in 2005, and landowners were required to pay certain fees based on their estimated relative contribution to stormwater runoff problems. Despite Unified Government sending Homewood Village, LLC a quarterly stormwater utility bill, Homewood Village did not pay any of their bills since the inception of the program. In 2010, Unified Government sued Homewood Village to recover, among other things, the unpaid fees. In 2011, Homewood Village filed a counterclaim for declaratory judgment, arguing that the Ordinance was an unconstitutional tax which could not be assessed involuntarily. The Superior Court granted Homewood Village's motion for partial summary on its contentions that : (1) Unified Government could not collect unpaid fees under a theory of unpaid account; and (2) Unified Government had not established any of the elements necessary to establish a claim for quantum meruit. In Case No. S12A1836, Homewood Village appealed the trial court's ruling that the Unified Government was authorized to collect stormwater fees from Homewood Village pursuant to its Ordinance, and in Case No. S12X1837 the Unified Government appealed the trial court's rulings in favor of Homewood Village on the issues of unpaid account and quantum meruit. In Case No. S12A1836, the Supreme Court affirmed the trial court's conclusion that the Ordinance imposed a permissible fee and properly granted summary judgment to the Unified Government on its claim to collect the unpaid fees. The Court vacated the judgment in Case No. S12X1837 in light of the trial court's correct decision to grant summary judgment to the Unified Government, Homewood Village's argument relating to quantum meruit or open account was rendered moot. View "Homewood Village, LLC v. Unified Government of Athens-Clarke County" on Justia Law

Robert Hoffler was convicted for malice murder and possession of a firearm during the commission of a felony relating to the fatal shooting of Quincy Dunlap. On appeal to the Supreme Court, he appealed the denial of his motion for a new trial, challenged the evidence presented at trial used to convict him, the method of impeachment of a defense witness, testimony about the contents of a witness' prior statement, the absence of a jury instruction, and the effectiveness of his trial counsel. Finding Hoffler's challenges to be without merit, the Supreme Court affirmed. View "Hoffler v. Georgia" on Justia Law

Joanna Hayes appealed her convictions and sentences for malice murder and possession of a firearm during the commission of a felony relating to the shooting death of her former daughter-in-law Heather Strube. Her only issue on appeal challenged the sufficiency of the evidence presented at trial used to convict her. Finding the evidence sufficient to support her convictions and sentences, the Supreme Court affirmed. View "Hayes v. Georgia" on Justia Law

Alvin Harris was tried and convicted of felony murder, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon in 1999. He received a mandatory life sentence for felony murder plus consecutive and concurrent terms on the additional counts. In 2008, he filed a petition for habeas corpus, raising numerous grounds for relief. Following an evidentiary hearing at which Harris was represented by counsel, the habeas court denied relief. Harris then applied for a certificate of probable cause to appeal asserting the habeas court erred in rejecting two of his ineffective assistance of appellate counsel claims that appellate counsel failed to reasonably investigate and submit evidence that trial counsel: (1) was ineffective for failing to inform him of a plea offer made by the State; and (2) was under the influence of drugs during the time he represented Harris. Upon review, the Supreme Court found no reversible error in the habeas court's factual and legal determinations, and affirmed the denial of Harris' petition. View "Harris v. Upton" on Justia Law

In 2005, Robert Hanna and Kelli Ford were divorced in Gwinnett County. Hanna later moved to DeKalb County, and in 2011, Ford filed a petition in DeKalb County to modify their divorce decree with respect to child support and visitation. At the same time, Ford also filed a motion in DeKalb County for contempt, alleging that Hanna had failed to pay child support due under the decree. Hanna moved to dismiss the motion for contempt for want of jurisdiction, and the DeKalb County court granted his motion, citing the general rule that contempt of a decree ordinarily can be punished only by the court that rendered the decree. The DeKalb County court distinguished "Buckholts," reasoning that Buckholts was limited to counterclaims for contempt. Ford appealed, contending that the DeKalb County court had jurisdiction to entertain her motion for contempt. Upon review, the Supreme Court agreed, and reversed the dismissal of the motion for contempt. View "Ford v. Hanna" on Justia Law

After a jury trial, Tyus Colton was convicted of malice murder, felony murder, aggravated assault and aggravated battery in connection with the beating death of Shannon Blount. On appeal, he contended, among other things, that the trial court erred in admitting evidence of Colton's confession without first finding that the confession had been made voluntarily. Though the Supreme Court found after its review, that the evidence was sufficient to support his convictions, the Court found error with the trial court's admission of testimony relating to the co-defendant's initial, non-custodial statement to police on the day of the murder. As such, the Supreme Court remanded the case back to the trial court for a conclusive finding on the voluntariness of Colton's confession. View "Colton v. Georgia" on Justia Law