Justia Georgia Supreme Court Opinion Summaries

These cases involved challenges to Secretary of State Brad Raffensperger’s decision to cancel the election originally scheduled for May 19, 2020, for the office of Justice of the Supreme Court of Georgia held by Justice Keith Blackwell. Justice Blackwell’s current term was set to end on December 31, 2020, and the next standard six-year term for his office would begin on January 1, 2021. However, on February 26, Justice Blackwell submitted a letter to Governor Brian P. Kemp resigning from his office effective November 18, 2020. The Governor accepted Justice Blackwell’s resignation and announced that he would appoint a successor to the office. The Secretary canceled the May 19 election for the next term of Justice Blackwell’s office on the ground that his resignation, once it was accepted, created a vacancy that the Governor could fill by appointment, and thus no election was legally required. The appellants in these cases, John Barrow and Elizabeth Beskin, each then tried to qualify for that election but were turned away by the Secretary’s office. They each then filed a petition for mandamus seeking to compel the Secretary to allow qualifying for, and ultimately to hold, the May 19 election for the next term of Justice Blackwell’s office. Beskin also asserted that the Secretary’s decision violated her federal constitutional rights. The trial court denied the mandamus petitions and rejected Beskin’s federal claims, agreeing with the Secretary that a current vacancy was created in Justice Blackwell’s office when his resignation was accepted by the Governor, which gave rise to the Governor's power to appoint a successor. Barrow and Beskin appealed the trial court's orders, both arguing the trial court should have granted their petitions because there was no current vacancy in Justice Blackwell’s office that the Governor could fill by appointment before the May 19 election and because the Secretary had no discretion to cancel a statutorily required election. Beskin also argued she was entitled to relief based on her federal claims. After review, the Georgia Supreme Court held that while the trial court’s reasoning was mistaken, its conclusion that the Secretary of State could not be compelled by mandamus to hold the May 19 election for Justice Blackwell’s office was correct. "Under the Georgia Constitution and this Court’s precedent, a vacancy in a public office must exist before the Governor can fill that office by appointment, and a vacancy exists only when the office is unoccupied by an incumbent. Because Justice Blackwell continues to occupy his office, the trial court erred in concluding that his office is presently vacant; accordingly, the Governor’s appointment power has not yet arisen." View "Barrow v. Raffensperger" on Justia Law

Christopher Spencer was convicted by jury of murder and other crimes in connection with the fatal shootings of Sylvia Watson and Samuel White. Spencer appealed, claiming only that the evidence was insufficient to support his convictions. Finding no reversible error after reviewing the trial court record, the Georgia Supreme Court affirmed conviction. View "Spencer v. Georgia" on Justia Law

Jacquan Oliver entered a negotiated plea of guilty to felony murder in connection with the shooting death of Alexander Mixon. He appealed his conviction and sentence, arguing that the trial court abused its discretion in finding a factual basis for his plea, and in determining the plea was voluntarily, knowingly and intelligently made. Finding no merit to these contentions, the Georgia Supreme Court affirmed conviction. View "Oliver v. Georgia" on Justia Law

In 1992, Douglas Burley pled guilty to malice murder. He moved for an out-of-time appeal in 2019, claiming that his right to appeal was frustrated by his plea counsel’s erroneous advice that he could not appeal his conviction because it was the product of a guilty plea. The trial court denied Burley’s motion. After review, the Georgia Supreme Court vacated the trial court’s judgment and remanded the case with direction to hold a hearing to determine whether ineffective assistance of counsel frustrated Burley’s right to appeal. View "Burley v. Georgia" on Justia Law

Rupert Clark was convicted by jury for the malice murder of his wife, Rosemarie Lebert-Clark. He was also convicted of possession of a firearm during the commission of a felony. On appeal, he argued he received ineffective assistance of trial counsel, and that the trial court erred in admitting certain evidence, violated the continuing witness rule by sending out with the deliberating jury printouts of text messages, and by failing to instruct the jury that a defendant’s uncorroborated confession was not alone sufficient to warrant a conviction. Finding no reversible error after reviewing the trial court record, the Georgia Supreme Court affirmed conviction. View "Clarke v. Georgia" on Justia Law

Esco Hill was convicted by jury of malice murder and other crimes relating to the stabbing death of Alford Morris in 2014. On appeal, Hill argued the trial court committed reversible error by requiring him to be visibly shackled for the duration of his six-day trial. After review of the trial court record, the Georgia Supreme Court concurred this was reversible error, consequently, reversed judgment of conviction. Because the Court concluded the evidence at trial was sufficient to sustain Hill's conviction, the State could re-try him. The Court did not address Hill's remaining enumerations of error, "as they are not likely to recur in the event of a retrial." View "Hill v. Georgia" on Justia Law

Derrick Styles was convicted by jury of felony murder and other crimes in connection with the shooting death of Alberto Lumens and the armed robbery fo Juan Lumens Garcia. On appeal, Styles contended the trial court erred in admitting into evidence a recording of an inculpatory telephone conversation between himself and a witness. He also argued his trial counsel was ineffective for failing to object to an allegedly improper comment by the prosecutor during closing argument. Finding no merit to these contentions, the Georgia Supreme Court affirmed conviction. View "Styles v. Georgia" on Justia Law

Lavaris Dawson was convicted by jury of felony murder and other crimes in connection with the shooting death of Mamadou Camara. On appeal, Dawson challenged the sufficiency of the evidence supporting his convictions, and argued the trial court erred in admitting Dawson’s statements to a detective during an interview because those statements were impermissibly induced by a hope of benefit, and that Dawson was denied his due process right to a timely appeal. After review, the Georgia Supreme Court disagreed and affirmed Dawson’s convictions. View "Dawson v. Georgia" on Justia Law

Javis Whitehead was convicted by jury of murder and other crimes in connection with the shooting death of Dominique Larry. On appeal, Whitehead challenged the sufficiency of the evidence presented to rebut his claim of self-defense and to convict him for murder beyond a reasonable doubt. He also argued the trial court erred in denying his motion to suppress his custodial statement, and in refusing to excuse for cause the District Attorney from the panel of prospective jurors prior to the conclusion of voir dire. Finding no merit to these contentions, the Georgia Supreme Court affirmed conviction. View "Whitehead v. Georgia" on Justia Law

Renita Collins was tried for murder along with co-defendant Michael Stallworth. Collins appealed her convictions for murder and possession of a firearm while in commission of a felony in connection with the shooting death of Keith Jacobs. On appeal. Collins contended she was denied a fair trial due to juror misconduct, the trial court abused its discretion by not allowing her to subpoena juror testimony to show that misconduct had occurred, and the trial court abused its discretion when it failed to excuse a prospective juror for cause. Finding no reversible error, the Georgia Supreme Court affirmed conviction. View "Collins v. Georgia" on Justia Law